Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 2.28

Manner of service

             (1)  A person must serve a document in the manner set out in Table 2.2, unless otherwise required by a legislative provision.

             (2)  A person who files an Initiating Application (Family Law) or an Application for Divorce must, when serving the application on the respondent, also serve a brochure prepared by the court for the purposes of section 12F of the Family Law Act.

             (3)  A person who files an application for enforcement must, when serving the application on the respondent, also serve a brochure prepared by the court giving information about enforcement hearings.

             (4)  A document or brochure that must be served with a form must be served in the same manner as the form.

             (5)  The following documents do not have to be served on any other party:

                     (a)  a joint application;

                     (b)  an application without notice;

                     (c)  an Affidavit of Service;

                     (d)  a document signed by all parties;

                     (e)  an affidavit seeking the issue, without notice, of an Enforcement Warrant under rule 11.15 or a Third Party Debt Notice under rule 11.34.

 

Table 2.2--Service of documents

Item

Document

Manner of service

1

Initiating Application (Family Law)

Application--Enforcement

Application--Contravention

Application--Contempt

Order made on application without notice (see Part 5.2)

Personal service

(see Division 2.6.2)

2

Application for Divorce (see Division 2.6.4)

A subpoena or a copy of a subpoena (see rules 2.30 and 6.30)

Third Party Debt Notice (see Division 11.1.4)

Notice of Appeal (see rule 13.05)

Documents required to be served with a Form (see subrule 2.28(4))

Brochures required to be served with a Form (see subrule 2.28(4))

Specific service requirements

3

All other documents including:

(a) an Application in a Proceeding (other than an application that must be served by personal service); and

(b) notices required to be given under these Rules

Ordinary service

(see Division 2.6.3)



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