Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - RULE 3.04

        (1)         A respondent to an Application for Divorce who seeks to oppose the divorce or contest the jurisdiction of the court must file a Response to an Application for Divorce:

        (a)         if the respondent is served in Australia — within 28 days after the day when the Application for Divorce is served on the respondent; or

        (b)         if the respondent is served outside Australia — within 42 days after the day when the Application for Divorce is served on the respondent.

        (2)         If a respondent files a Response to an Application for Divorce:

        (a)         the hearing must proceed in open court; and

        (b)         each party must attend or be represented by a lawyer.

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