Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 2.01

Which application form must be filed

             (1)  Unless otherwise provided in these Rules, a proceeding must be started by filing an application for final orders in accordance with the relevant approved form.

             (2)  An application for final orders may include an application for an interlocutory order.

             (3)  A person must not file an application for an interlocutory order unless:

                     (a)  an application for final orders is current in the proceeding; or

                     (b)  the application includes an application for final orders.

             (4)  If a person makes an application for an interlocutory order after the start of the proceeding and before final orders have been made in the proceeding, the application must be made by filing an Application in a Proceeding.

             (5)  The required documents must be filed with an application if they have not already been filed in the proceeding.

             (6)  The relevant approved forms are set out in Table 2.1.

 

Table 2.1--Approved forms

Item

Kind of application

Application in the approved form to be filed

1

Application seeking final orders (other than a consent order or a divorce), for example:

(a) property settlement;

(b) parenting (including in relation to a child born under a surrogacy arrangement);

(c) maintenance;

(d) child support;

(e) medical procedure;

(f) nullity;

(g) declaration as to validity of marriage, divorce or annulment;

(h) order relating to a passport

Initiating Application (Family Law)

2

Interlocutory orders sought at the same time as an application for final orders is made

Initiating Application (Family Law)

3

Interlocutory orders sought after an application for final orders is made

Application in a Proceeding

4

Enforcement of a financial obligation or parenting order

Application--Enforcement

5

Divorce

Application for Divorce

6

Consent order when there is no current proceeding

Application for Consent Orders

7

Contravention of an order under Division 13A of Part VII of the Family Law Act affecting children

Application--Contravention

8

Contravention of an order under Part XIIIA of the Family Law Act not affecting children

Application--Contravention

9

Failure to comply with a bond entered into in accordance with the Family Law Act

Application--Contravention

10

Contempt of court

Application--Contempt

11

Review of an order of a Judicial Registrar

Application for Review

 



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