Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] Chapter 2, summary
omit
* the form of application you must file to start a case in a court;
* the documents you must file with an application; and
insert
* the form of application you must file to start a case in a court, respond to an application or seek orders in the course of a case;
* the documents you must file with an application or response; and
[2] Table 2.1, items 1, 2 and 3
substitute
|
1 |
Application seeking final orders (other than a consent order or a divorce), for example: * property settlement * parenting * maintenance * child support * medical procedures * nullity * declaration as to validity of marriage, divorce or annulment * order relating to passport (see Division 4.2.7) |
Initiating Application (Family Law) |
|
2 |
Interim order sought at the same time as an application for final orders is made |
Initiating Application (Family Law) |
|
2A |
Interim order sought after an application for final orders is made |
Application in a Case |
|
3 |
Procedural, ancillary or other incidental order relating to an order or application sought at the same time as an application for final orders is made |
Initiating Application (Family Law) |
|
3A |
Procedural, ancillary or other incidental order relating to an order or application sought after an application for final orders is made |
Application in a Case |
[3] Table 2.1, notes 1 and 2
substitute
Note 1 A respondent seeking orders in another cause of action may make an application in a Response to Initiating Application (Family Law) (see paragraph 9.01 (3) (c)).
[4] Table 2.1, notes 3 and 4
renumber as notes 2 and 3
[5] Table 2.2, item 3, column 2
omit
Application for Final Orders, or Response to an Application for Final Orders,
insert
Initiating Application (Family Law), or Response to Initiating Application (Family Law),
[6] Table 2.2, item 4, column 2
substitute
Initiating Application (Family Law) or Response to Initiating Application (Family Law) in which property settlement orders are sought, and Reply responding to Response to Initiating Application (Family Law) in which property orders are sought as a new cause of action
[7] Table 2.2, item 4, column 3, paragraph (b)
omit
Application for Final Orders, Response, or Reply to an Application for Final Orders
insert
Initiating Application (Family Law), Response or Reply to an Initiating Application (Family Law)
[8] Table 2.2, item 5, column 2
omit
Application for Final Orders or Response to an Application for Final Orders
insert
Initiating Application (Family Law) or Response to an Initiating Application (Family Law)
[9] Table 2.2, item 6, column 2
omit
Application for Final Orders or Response to an Application for Final Orders
insert
Initiating Application (Family Law) or Response to an Initiating Application (Family Law)
[10] Table 2.2, item 7
substitute
|
7 |
Application for interim, procedural, ancillary or other incidental orders in an Initiating Application (Family Law) or Application in Case (other than an application seeking review of a decision of a Registrar or Judicial Registrar) |
(a) an affidavit (see rules 5.02 and 9.02); (b) for an application permitted by subrule 5.04 (3) -- one of the documents mentioned in this column in item 1 or 2 |
[11] Subrule 2.02 (5), note 1
substitute
Note 1 A party must not file an affidavit with an Initiating Application (Family Law) unless an application seeking interim, procedural, ancillary or other incidental orders is included in the Initiating Application (Family Law) or permitted to do so by Chapter 4 or an order (see rules 1.12 and 4.02).
[12] Chapter 4, summary, note, paragraph (b)
substitute
(b) an application for an interim, procedural or other incidental order about an application seeking final orders whether made in an Initiating Application (Family Law) or an Application in a Case (see Chapter 5);
[13] Rule 4.02, example
substitute
Example
A party only seeking final orders for property settlement or parenting orders must not file an affidavit with an Initiating Application (Family Law).
[14] Rule 4.03, note
omit
an Application in a Case
insert
an application for an interim, procedural, ancillary or other incidental order
[15] Subrule 4.11 (2), note
omit
Application
insert
Initiating Application (Family Law)
[16] Rule 4.20, note 1
after
by filing an
insert
Initiating Application (Family Law) or an
[17] Rule 4.31
omit
Application for Final Orders,
insert
application referred to in rule 4.30,
[18] Chapter 5, heading
substitute
Chapter 5 Applications for interim, procedural, ancillary or other incidental orders
[19] Chapter 5, summary
omit
Application for an Order other than an Application for Final Orders or Divorce.
insert
application for interim, procedural, ancillary, or other incidental orders.
[20] Rule 5.01
substitute
5.01 Restrictions in relation to applications
(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).
[21] Rule 5.02, heading
substitute
5.02 Evidence in applications to which Chapter 5 applies
[22] Subrule 5.02 (1)
substitute
(1) A party who applies for an interim, procedural, ancillary or other incidental order in an Initiating Application (Family Law), or who files an Application in a Case, must at the same time file an affidavit stating the facts relied on in support of the orders sought.
[23] Rule 5.02, note
omit
Form
insert
Application
[24] Subrule 5.03 (1)
omit
Application in a Case,
insert
application seeking interim, procedural, ancillary or other incidental orders,
[25] Rule 5.04
omit
[26] Subrule 5.05 (1)
after
Case,
insert
or an Initiating Application (Family Law) in which application is made for interim, procedural, ancillary or other orders,
[27] Subrule 5.05 (3)
substitute
(3) If an Application in a Case is filed after another related application, the Application in a Case may be listed for the same first court date as the related application if a Registrar considers it to be reasonable in the circumstances.
Note If an Initiating Application (Family Law) seeks interim, procedural, ancillary or other incidental orders, and an earlier date is fixed for the hearing of the application under subrule 5.05 (4), the Application to the extent that it concerns final orders must be dealt with on the same court date (see subrule 4.03).
[28] Subrule 5.05 (4)
omit
Case
insert
Case, or an Initiating Application (Family Law) in which application is made for interim, procedural, ancillary or other incidental orders,
[29] Subrule 5.11 (2)
omit
Application in a Case and the Response to an Application in a Case,
insert
application and response,
[30] Table 7.1, item 2
omit
[31] Table 7.1, item 12, column 2
omit
mentioned in item 2 or 3)
insert
mentioned in item 3)
[32] Chapter 9, summary
omit
* responding to an Application for Final Orders (known as a Response to an Application for Final Orders);
insert
* responding to an Initiating Application (Family Law) (known as a Response to Initiating Application (Family Law));
[33] Chapter 9, summary
omit
replying to a Response to an Application for Final Orders
insert
replying to a Response to Initiating Application (Family Law)
[34] Rule 9.02
substitute
9.02 Filing an affidavit with Response to Initiating Application (Family Law)
A respondent must not file an affidavit with a Response to Initiating Application (Family Law) unless:
(a) responding to interim, procedural, ancillary or other incidental orders sought in the Initiating Application;
(b) seeking interim, procedural, ancillary or other incidental orders in the Response; or
(c) required to do so by item 5 or 6 of Table 2.2.
[35] Rule 12.01
omit
Applications for Final Orders,
insert
Initiating Applications (Family Law),
[36] Division 13.2.3, heading
substitute
Division 13.2.3 Disclosure of documents -- Initiating Applications (Family Law)
[37] Subrule 13.19 (1)
omit
Applications for Final Orders,
insert
Initiating Applications (Family Law),
[38] Paragraph 13.19 (1) (d)
omit
or
[39] Paragraph 13.19 (1) (e)
omit
conference.
insert
conference; or
[40] After paragraph 13.19 (1) (e)
insert
(f) an Initiating Application (Family Law) seeking an interim, procedural, ancillary or other incidental order.
[41] Rule 13.25
omit
Applications for Final Orders,
insert
applications seeking final orders,
[42] Paragraph 13.25 (c)
omit
appeal.
insert
appeal; or
[43] After paragraph 13.25 (c)
insert
(d) an Initiating Application (Family Law) seeking an interim, procedural, ancillary or other incidental order.
[44] Chapter 14, summary
after
in an
insert
Initiating Application (Family Law) seeking interim, procedural, ancillary or incidental orders, or an
[45] Subrule 14.01 (5), note
omit
in a case,
insert
for interim, procedural, ancillary or other incidental orders,
[46] Subrule 14.04 (3), note
omit
in a case,
insert
for interim, procedural, ancillary or other incidental orders,
[47] Subrule 14.05 (2), note
omit
in a case,
insert
for interim , procedural, ancillary or other incidental orders,
[48] Rule 15.21
omit
Application in a Case
insert
application seeking interim, procedural, ancillary or other incidental orders
[49] Subrule 15.38 (1)
substitute
(1) A party may apply for the appointment of an assessor by filing:
(a) an Initiating Application (Family Law) and an affidavit; or
(b) after a case has commenced -- an Application in a Case and an affidavit.
[50] Subrule 15.38 (2)
after
affidavit
insert
filed with the application
[51] Subrule 16.06 (1), at the foot
insert
Note Chapter 5 sets out the procedure for making an application for interim, procedural, ancillary or other incidental orders.
[52] Subrule 19.05 (1), note
omit
in a case.
insert
for interim, procedural, ancillary or other incidental orders.
[53] Schedule 6, subclause 6.05 (1), note
omit
in a case.
insert
for interim, procedural, ancillary or other incidental orders.
[54] Further amendments -- Initiating Application (Family Law)
The following provisions are amended by omitting 'Application for Final Orders' and inserting 'Initiating Application (Family Law)':
* Table 2.2, item 1, column 2
* Table 2.2, item 2, column 2
* Table 2.2, item 2A, column 2
* Table 2.2, item 3, column 3, paragraph (a)
* Table 2.2, item 5, column 3, paragraph (a)
* Table 2.2, item 6, column 3, paragraph (a)
* rule 2.03
* Chapter 4, summary
* subrule 4.01 (1)
* subrule 4.01 (2), note (2 occurrences)
* rule 4.02
* rule 4.03
* rule 4.04
* subrule 4.06 (1) (2 occurrences)
* subrule 4.08 (2), note 2
* rule 4.10, note
* rule 4.16, note 1
* subrule 4.17 (1)
* rule 4.27, note
* rule 4.30
* rule 7.01, note
* Table 7.1, item 1, column 2
* paragraph 8.02 (5) (a)
* Part 9.1, heading
* rule 9.01, heading
* subrule 9.01 (1) (2 occurrences)
* subrules 9.01 (2), (3) and (4)
* subrule 9.01, note (2 occurrences)
* paragraphs 9.03 (1) (a) and (b) (2 occurrences)
* subrule 9.03 (2)
* Part 9.2, heading
* rule 9.04, heading
* paragraph 9.04 (a)
* subparagraphs 9.04 (b) (i) and (ii)
* rule 9.04A, heading
* subrules 9.04A (1) and (2)
* subrule 10.15 (4)
* paragraph 11.10 (1) (a)
* paragraph 11.10 (2) (a) (2 occurrences)
* subrule 11.10 (4) (2 occurrences)
* Dictionary, definition of application , paragraphs (a) and (g)
* Dictionary, definition of final order
* Dictionary, definition of Maintenance Application
* Dictionary, definition of Medical Procedure Application
* Dictionary, definition of trial