Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 8.07

Submitting notices

             (1)  A party who has been served with an application referred to in subrule (2), and who does not want to contest the relief sought in the application, may file a submitting notice in the approved form.

Note:          A document that is filed must be served on each person to be served (see rule 7.04).

             (2)  The applications are the following:

                     (a)  an Initiating Application (Family Law) seeking final orders;

                     (b)  a Response to an Initiating Application (Family Law);

                     (c)  a Reply to a Response to an Initiating Application (Family Law);

                     (d)  a Notice of Appeal.

             (3)  The submitting notice must:

                     (a)  state that the party submits to any order that the court may make; and

                     (b)  state whether the party wants to be heard on the question of costs; and

                     (c)  include an address for service.

             (4)  A submitting notice for a party served with an application referred to in paragraph (2)(a), (b) or (c) must be filed:

                     (a)  before the first court date fixed under rule 4.03; or

                     (b)  if the party was added to the case after that date--before the date for the procedural hearing set under subrule 11.10(3).

             (5)  A submitting notice for a party served with a Notice of Appeal must be filed within 14 days after the party was served with the Notice of Appeal.

             (6)  A party who has filed a submitting notice may apply to the court for leave to withdraw the notice.

             (7)  An application under subrule (6) must be accompanied by an affidavit stating:

                     (a)  why the party wants to withdraw the submitting notice; and

                     (b)  the party's intentions in relation to the further conduct of the proceeding.

Summary of Chapter 9

Chapter 9 sets out the procedure for:

*     responding to an Initiating Application (Family Law) (known as a Response to Initiating Application (Family Law);

*     responding to an Application in a Case (known as a Response to an Application in a Case); and

*     replying to a Response to Initiating Application (Family Law) seeking orders in a cause of action other than one mentioned in the application (known as a Reply).

Note:     A Response to Application for Divorce is used to respond to an Application for Divorce (see rule 3.04).

The rules in Chapter 1 relating to the court's general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

   



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