Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) Part 5.3 applies to an application in relation to an appeal as if a reference in that Part to an application for an interlocutory order were a reference to an application in relation to an appeal.
(2) If an application is referred to a Judge in chambers in accordance with paragraph 13.37(b), the Judge may:
(a) order that the application be dealt with by the court in the absence of the parties without an oral hearing and:
(i) make procedural orders in relation to the conduct of the application, including the filing of written submissions; or
(ii) determine the application; or
(b) direct that a date for hearing be fixed for the application and require the parties to attend.
Note 1: Subsection 3 2(7) of the Federal Circuit and Family Court Act provides for these Rules to permit the court to determine some applications relating to an appeal without an oral hearing. The court may decide to deal with an application without an oral hearing on its own initiative or on application.
Note 2: For the requirements for withdrawing or discontinuing an application, see Part 10.1.