FAMILY LAW RULES 2004 - RULE 2.02 Documents to be filed with applications

Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 2.02

Documents to be filed with applications

(1) A person must file with an application mentioned in an item of Table 2.2, the document mentioned in the item if the document has not already been filed.

Table 2.2 Documents to be filed with applications

Item

Application

Documents to be filed with application

1

Initiating Application (Family Law)

the marriage certificate or divorce or nullity order

2

Initiating Application (Family Law), in which parenting orders are sought between parties who have never been married to each other

the child’s birth certificate

2A

Initiating Application (Family Law) in which an order is sought under Part VII of the Act, for example, a parenting order

(a) a certificate given to the applicant by a family dispute resolution practitioner under subsection 60I (8) of the Act; or

(b) if no certificate is required because paragraph 60I (9) (b), (c), (d), (e) or (f) of the Act applies — an affidavit in a form approved by the Principal Registrar unless another affidavit filed in the proceedings sets out the factual basis of the exception claimed

2B

Initiating Application (Family Law) in which an order is sought relating to a de facto relationship

(a) the documents required by an item in this table that applies to the application (for example items 2 to 6 and 9); and

(b) to satisfy the court for section 90SB of the Act that there is a child of the de facto relationship or that the relationship is or was registered under a prescribed law — the birth certificate for the child or certificate of registration; and

(c) for an applicant who has made a choice under subitem 86A (1) or 90A (1) of Schedule 1 to the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 — a document that satisfies the requirements of subitem 86A (5) or 90A (5) of that Act

3

Initiating Application (Family Law), or Response to Initiating Application (Family Law), in which financial orders are sought, for example, property settlement, maintenance, child support

(a) for Initiating Application (Family Law) only — one of the documents mentioned in this column in item 1 or 2;

(b) a completed Financial Statement (see rule 13.05)

4

Initiating Application (Family Law) or Response to Initiating Application (Family Law) in which property settlement orders are sought, and Reply responding to Response to Initiating Application (Family Law) in which property orders are sought as a new cause of action

(a) the documents mentioned in this column in item 3;

(b) a completed superannuation information form (attached to the Financial Statement) for a superannuation interest of the party filing the Initiating Application (Family Law), Response or Reply to an Initiating Application (Family Law)

5

Initiating Application (Family Law) or Response to an Initiating Application (Family Law) relying on a cross-vesting law, or seeking an order under Part 4.2:

• for a medical procedure;

(a) for Initiating Application (Family Law) only — one of the documents mentioned in this column in item 1 or 2;

(b) an affidavit (see section 66M of the Act and rules 4.06, 4.09, 4.29 and 4.30)

• for step-parent maintenance, if there is consent;

• for nullity of marriage;

• for a declaration as to validity of a marriage or divorce or annulment; or

• relating to a passport

6

Initiating Application (Family Law) or Response to an Initiating Application (Family Law) in which a child support application or appeal is made

(a) for Initiating Application (Family Law) only — one of the documents mentioned in this column in item 1 or 2;

(b) the documents mentioned in rule 4.18 for the application

7

Application for interim, procedural, ancillary or other incidental orders in an Initiating Application (Family Law) or Application in Case (other than an application seeking review of a decision of a Registrar or Judicial Registrar)

(a) an affidavit (see rules 5.02 and 9.02);

(b) for an application permitted by subrule 5.04 (3) — one of the documents mentioned in this column in item 1 or 2

8

Application for Divorce

the marriage certificate

9

Application for Consent Orders

(a) one of the documents mentioned in this column in item 1 or 2;

(b) for an Application for Consent Orders in which orders are sought in relation to a superannuation interest (see rule 10.16) — a completed superannuation information form for the superannuation interest

10

Application — Contravention, other than an application to which item 10A applies

an affidavit (see subrules 21.02 (2) and (3))

10A

Application — Contravention in which an order is sought under Part VII of the Act

(a) an affidavit (see subrules 21.02 (2) and (3)); and

(b) either:

(i) a certificate given to the applicant by the family dispute resolution practitioner under subsection 60I (8) of the Act; or

(ii) if no certificate is required because paragraph 60I (9) (b), (c), (d), (e) or (f) of the Act applies — an affidavit in a form approved by the Principal Registrar unless another affidavit filed in the proceedings sets out the factual basis of the exception claimed

11

Application — Contempt

an affidavit (see subrule 21.02 (2))

Item	Application	Documents to be filed with application
1	Initiating Application (Family Law)	the marriage certificate or divorce or nullity order
2	Initiating Application (Family Law), in which parenting orders are sought between parties who have never been married to each other	the child’s birth certificate
2A	Initiating Application (Family Law) in which an order is sought under Part VII of the Act, for example, a parenting order	(a) a certificate given to the applicant by a family dispute resolution practitioner under subsection 60I (8) of the Act; or (b) if no certificate is required because paragraph 60I (9) (b), (c), (d), (e) or (f) of the Act applies — an affidavit in a form approved by the Principal Registrar unless another affidavit filed in the proceedings sets out the factual basis of the exception claimed
2B	Initiating Application (Family Law) in which an order is sought relating to a de facto relationship	(a) the documents required by an item in this table that applies to the application (for example items 2 to 6 and 9); and (b) to satisfy the court for section 90SB of the Act that there is a child of the de facto relationship or that the relationship is or was registered under a prescribed law — the birth certificate for the child or certificate of registration; and
		(c) for an applicant who has made a choice under subitem 86A (1) or 90A (1) of Schedule 1 to the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 — a document that satisfies the requirements of subitem 86A (5) or 90A (5) of that Act
3	Initiating Application (Family Law), or Response to Initiating Application (Family Law), in which financial orders are sought, for example, property settlement, maintenance, child support	(a) for Initiating Application (Family Law) only — one of the documents mentioned in this column in item 1 or 2; (b) a completed Financial Statement (see rule 13.05)
4	Initiating Application (Family Law) or Response to Initiating Application (Family Law) in which property settlement orders are sought, and Reply responding to Response to Initiating Application (Family Law) in which property orders are sought as a new cause of action	(a) the documents mentioned in this column in item 3; (b) a completed superannuation information form (attached to the Financial Statement) for a superannuation interest of the party filing the Initiating Application (Family Law), Response or Reply to an Initiating Application (Family Law)
5	Initiating Application (Family Law) or Response to an Initiating Application (Family Law) relying on a cross-vesting law, or seeking an order under Part 4.2: • for a medical procedure;	(a) for Initiating Application (Family Law) only — one of the documents mentioned in this column in item 1 or 2; (b) an affidavit (see section 66M of the Act and rules 4.06, 4.09, 4.29 and 4.30)
	• for step-parent maintenance, if there is consent; • for nullity of marriage; • for a declaration as to validity of a marriage or divorce or annulment; or • relating to a passport
6	Initiating Application (Family Law) or Response to an Initiating Application (Family Law) in which a child support application or appeal is made	(a) for Initiating Application (Family Law) only — one of the documents mentioned in this column in item 1 or 2; (b) the documents mentioned in rule 4.18 for the application
7	Application for interim, procedural, ancillary or other incidental orders in an Initiating Application (Family Law) or Application in Case (other than an application seeking review of a decision of a Registrar or Judicial Registrar)	(a) an affidavit (see rules 5.02 and 9.02); (b) for an application permitted by subrule 5.04 (3) — one of the documents mentioned in this column in item 1 or 2
8	Application for Divorce	the marriage certificate
9	Application for Consent Orders	(a) one of the documents mentioned in this column in item 1 or 2; (b) for an Application for Consent Orders in which orders are sought in relation to a superannuation interest (see rule 10.16) — a completed superannuation information form for the superannuation interest
10	Application — Contravention, other than an application to which item 10A applies	an affidavit (see subrules 21.02 (2) and (3))
10A	Application — Contravention in which an order is sought under Part VII of the Act	(a) an affidavit (see subrules 21.02 (2) and (3)); and (b) either: (i) a certificate given to the applicant by the family dispute resolution practitioner under subsection 60I (8) of the Act; or (ii) if no certificate is required because paragraph 60I (9) (b), (c), (d), (e) or (f) of the Act applies — an affidavit in a form approved by the Principal Registrar unless another affidavit filed in the proceedings sets out the factual basis of the exception claimed
11	Application — Contempt	an affidavit (see subrule 21.02 (2))

(2) If an applicant is required to file a document mentioned in item 1, 2 or 8 of Table 2.2, the applicant may file an image, photocopy or certified copy of the document.

(3) If an applicant is unable to file a document mentioned in item 1, 2 or 8 of Table 2.2, the applicant must file:

(a) an affidavit setting out the reasons why the document was not filed; or

(b) a written notice containing an undertaking to file the document within the time specified in the notice.

(4) If a document mentioned in Table 2.2 is not in English, the person filing the document must file:

(a) a translation of the document, in English; and

(b) an affidavit, by the person who made the translation, verifying the translation and setting out the person’s qualifications to make the translation.

(5) An applicant in proceedings mentioned in subsection 100 (1) of the Assessment Act or subsection 105 (1) of the Registration Act is not required to file in the court a certificate given to the applicant by a family dispute resolution practitioner under subsection 60I (8) of the Family Law Act.

Note 1 A party must not file an affidavit with an Initiating Application (Family Law) unless an application seeking interim, procedural, ancillary or other incidental orders is included in the Initiating Application (Family Law) or permitted to do so by Chapter 4 or an order (see rules 1.12 and 4.02).

Note 2 A document that is filed must be served (see rules 7.03 and 7.04).

Note 3 For information about filing documents, see Chapter 24.

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