Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations If a party to an
Application for Divorce dies after the divorce order nisi is made but before
the order becomes absolute, the surviving party must inform the Registry
Manager of the death of the other party by filing:
(a) the death
certificate of the deceased party; or
(b) an affidavit
stating the details of the deceased party’s date and place of death.
Summary of Chapter 4
Chapter 4 sets out rules about:
• the general procedure for starting a case
by an Initiating Application (Family Law) seeking final orders, for example,
an Application for Property Settlement or Parenting Orders; and
• the procedure for starting specific
applications such as an Application relying on cross-vesting laws, for a
medical procedure, maintenance, child support or a declaration as to validity
of a marriage.
Before starting a case, you must comply with the court’s pre-action
procedures (see subrule 1.05 (1) and Schedule 1).
You may also need to refer to other Chapters in these Rules when making an
application, in particular, Chapters 6, 7 and 24.
Note This Chapter does not apply to:
(a) an Application for Divorce (see Chapter 3);
(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);
(c) an Application for Review of a Judicial
Registrar’s or a Registrar’s Order (see Chapter 18);
(d) an Application to enforce an obligation to pay
money (see Chapter 20);
(e) an Application resulting from a contravention
of an order or in relation to contempt (see Chapter 21);
(f) an Application relating to an appeal (see
Chapter 22); or
(g) an appeal (see Chapter 22).
"The rules in Chapter 1 relating to the court’s general powers apply in
all cases and override all other provisions in these Rules.
"A word or expression used in this Chapter may be defined in the dictionary at
the end of these Rules.