Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A party may apply for an interim, procedural, ancillary or other incidental order in relation to a cause of action only if:
(a) the party has made an application for final orders in that cause of action; and
(b) final orders have not been made on that application.
Note A reference to application includes a reference to cross-application (see the dictionary).
(2) A party may apply for an interim, procedural, ancillary or other incidental order only if the order sought relates to a current case.
(3) Subrule (2) does not apply if the party is seeking:
(a) permission to start a case or extend a time limit to start a case;
(b) to start a case for a child or a person with a disability under rule 6.10; or
(c) an order for costs.
(4) This rule does not apply to restrict the filing of an Application in a Case by:
(a) an independent children's lawyer;
(b) the Director of Public Prosecutions, when making an application under section 79C, 79D, 90N, 90P, 90VB or 90VC of the Act, to stay or lift a stay of a property settlement or spousal or de facto maintenance case;
(c) a bankruptcy trustee; or
(d) a trustee of a personal insolvency agreement.
(5) If a party applies for an interim, procedural, ancillary or other order at the start of a case, the application must be in an Initiating Application (Family Law).
(6) If a party applies for an interim, procedural, ancillary or other order after a case has commenced, the application must be in an Application in a Case.
Note 1 An Application in a Case is used to make:
(a) an Application for review of a Judicial Registrar's or Registrar's order (see Chapter 18); and
(b) an Application to enforce an obligation to pay money or to enforce a parenting order (see Chapter 20 and rule 21.01).
Note 2 A party may ask for a procedural order orally (see paragraph (h) of item 3 of Table 11.1).
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback