Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) Subject to subrule (2), a party may apply for an interlocutory order in a proceeding.
(2) A person may apply for an interlocutory order only if the order sought relates to a current proceeding, unless the person is seeking:
(a) permission to start a proceeding or extend a time limit to start a proceeding; or
(b) to be appointed as a litigation guardian for a person under rule 3.15; or
(c) an order for costs.
(3) This rule does not apply to restrict the filing of an Application in a Proceeding by:
(a) an independent children's lawyer; or
(b) the Director of Public Prosecutions, when making an application under section 79C, 79D, 90N, 90P, 90VB or 90VC of the Family Law Act, to stay or lift a stay of a property settlement or spousal or de facto maintenance proceeding; or
(c) a bankruptcy trustee; or
(d) a trustee of a personal insolvency agreement.
(4) This rule does not apply to restrict the filing of an application for an order in relation to an arbitration by a party to the arbitration or an arbitrator conducting the arbitration.
Note 1: Unless an exception applies, a party must make a reasonable and genuine attempt to settle the issue to which an interlocutory application relates, before filing the application (see rule 4.03).
Note 2: An application for an interlocutory order must be made using the form required by rule 2.01.