This Practice Direction was made following a review of the divorce forms
which resulted in extensive revision of the forms used in divorce
proceedings filed in the Court. The Practice Direction commenced on 11
January 2007 and enabled the new forms to be used in proceedings for
divorce prior to a formal rule amendment. Amendments have subsequently
been made to the Federal Magistrates Court Rules 2001 by the Federal
Magistrates Court Amendment Rules 2007 (No.1) which has enabled the Chief
Federal Magistrate to approved the forms set out in the Practice
Direction, pursuant to Subrule 2.04(1A) of the Federal Magistrates Court
Rules 2001.
Application for Divorce, Response to Divorce and Divorce Service Forms
Practice Direction: No.1 of 2007
Introduction: Application for Divorce, Response to Divorce and Divorce Service Forms
The Federal Magistrates Court has undertaken a review of existing forms. As part of this review the divorce forms have been revised following extensive consultation. The new forms are designed to be user-friendly and in a more consistent format to other forms. It is proposed to introduce the new forms prior to a formal rule amendment by way of this Practice Direction.
The key changes being introduced are as follows:
Application for Divorce
A new application will replace the existing one. The explanatory text has been removed from the existing application, and the new application will be more user-friendly and less complicated. A Kit will accompany the application and will provide applicants with information about how to complete their Application for Divorce.
Response to Divorce
A response to divorce will replace the existing two forms:
- Response (Divorce or other principal relief)
- Response objecting to jurisdiction.
Parties objecting to jurisdiction will now be required to complete a Response to Divorce.
Divorce Service Forms
- The existing form Affidavit of Service (divorce) is re-named Affidavit of Service by Hand (Divorce), and is only used in matters where the respondent is personally served.
- The Affidavit by Applicant for Service by Post (divorce) is re-named Affidavit of Service by Post (Divorce), and is used in matters where the applicant serves the respondent by post.
- The Affidavit of Proof of Signature (divorce) has been re-named Affidavit Proving Signature (Divorce).
- A new acknowledgment of service has been created for divorce called Acknowledgment of Service (Divorce).
All of the service forms have been re-designed to be clearer, less complicated and more user-friendly for litigants and the Court. A Kit has been created to accompany the service forms, and provides litigants with information about serving an Application for Divorce.
Important dates
The forms will be introduced as from 5 February 2007 and will be available at www.familylawcourts.gov.au and at family law registries.
JOHN PASCOE AO
CHIEF FEDERAL MAGISTRATE
FEDERAL MAGISTRATES COURT OF AUSTRALIA
DATE: 11 January 2007 |
