Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 10.24

             (1)  An application under subsection 102QE(2) of the Family Law Act for leave to institute a proceeding that is subject to a vexatious proceedings order must be made:

                     (a)  in accordance with the approved form; and

                     (b)  without notice to any other person.

Note 1:       See subsection 102QE(2) of the Family Law Act for the power for a person who is subject to a vexatious proceedings order to apply to the court to institute a proceeding. For proceedings in the Federal Circuit and Family Court of Australia (Division 2), see subsection 242(2) of the Federal Circuit and Family Court Act.

Note 2:       See subsection 102QE(3) of the Family Law Act for the contents of the affidavit that must be filed with the application. For proceedings in the Federal Circuit and Family Court of Australia (Division 2), see subsection 242(3) of the Federal Circuit and Family Court Act.

             (2)  On the first court date for the application, the court may:

                     (a)  dismiss the application; or

                     (b)  order the person to:

                              (i)  serve the application and affidavit; and

                             (ii)  file and serve any further affidavits in support of the application; and

                            (iii)  list the application for hearing.