Donate Child Support Calculator
Skip navigation

A CHANGE OF FORMS for Applications and Responses

Trial of new forms for Initiating Application and Response to Initiating Application - Effective 8 January 2007

PRACTICE DIRECTION NO. 4 OF 2006

Trial of new formsfor Initiating Application and Response to Initiating Application

This Practice Direction is effective from 8 January 2007.

The new Initiating Application and Response to Initiating Application may be used to seek both final and interim relief in those cases where the use of Forms 1 and 1A, 2 and 2A is presently required under the Family Law Rules. Until the trial has been completed and appropriate consultation and evaluation has taken place, there will be no Rule changes and use of the new formsis permitted by this Practice Direction as an option to using the existing Forms 1, 1A, 2 and 2A to commence proceedings. If the new documents are used the existing Forms 2 and 2A will still need to be used for any subsequent interim application that may be made in the case.

Proceedings seeking final orders alone, or both final and interim orders, may be initiated using the form entitled "Initiating Application".

A party served with an Initiating Application in the new form must respond by filing a Response to Initiating Application (also in the new form) within 14 days of being served.

The new formshave not been allocated form numbers and should simply be referred to as "Initiating Application" and "Response to Initiating Application".

Both new formswill be available over the counter at Family Law Court registries and will be able to be downloaded from [the Family Court website at www.familycourt.gov.au].

Save for the use of the two new formsauthorised by this Practice Direction, and the time for filing a response (14 days after service), the Family Law Rules apply, changing what needs to be changed to achieve this. For example, the requirements of the Rules for taking pre-action procedures continue to apply, as does the requirement for filing an affidavit where interim or procedural relief is sought in one of the new forms.

THE HONOURABLE JUSTICE DIANA BRYANT

CHIEF JUSTICE

FAMILY COURT OF AUSTRALIA

DATE: 20 December 2006

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
1 guest and 0 members have just viewed this.

Recent Tweets