Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:11:p7
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 11 (pt 7/11)
Character Range: 109025–111590

Response to an Initiating Application (Family Law) must not include a request for any of the following orders:
 (a) a divorce order;
 (b) an order that a marriage be annulled;
 (c) a declaration as to validity of a marriage, divorce or annulment;
 (d) an order under rule 1.11 authorising a medical procedure.

2.19  Response objecting to jurisdiction
 (1) A respondent seeking to object to the jurisdiction of the court:
 (a) must file a response; and
 (b) is not taken to have submitted to the jurisdiction of the court by seeking other orders in the response.
 (2) The objection to the jurisdiction must be determined before any other orders sought in the response.

2.20  When to file an affidavit with a response
  A respondent must not file an affidavit with a response to an application unless the respondent is:
 (a) responding to interlocutory orders sought in the application; or
 (b) seeking interlocutory orders in the response; or
 (c) required to do so by another provision of these Rules or by a practice direction.

2.21  How to reply to a response
 (1) An applicant must file a reply if:
 (a) in the response, the respondent seeks orders in a cause of action other than a cause of action referred to in the application; and
 (b) the applicant seeks:
 (i) to oppose the orders sought in the response; or
 (ii) different orders in the cause of action referred to in the response.
 (2) A person other than the applicant (an additional party) must file a reply to a response if:
 (a) in the response, the respondent seeks orders against the additional party; and
 (b) the additional party seeks:
 (i) to oppose the orders sought in the response; or
 (ii) different orders to the orders sought in the response.
 (3) If a party wishes to file a reply, the party must file and serve the reply within 14 days after service of the response to which the reply relates.

2.22  If the application or response is not contested
 (1) If a party has been served with a document referred to in subrule (2), and the party does not want to contest the relief sought in the document, the party may file and serve a submitting notice in the approved form.
 (2) The documents are the following:
 (a) an application for final orders;
 (b) a response to an application for final orders;
 (c) a reply to a response to an application for final orders.
 (3) The submitting notice must:
 (a) state that the party submits to any order that the court may make; and
 (b) state whether the party wants to be heard on the question of costs; and
 (c) include an address for service.