Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - RULE 4.01

        (1)         In an Initiating Application (Family Law), the applicant must:

        (a)         give full particulars of the orders sought; and

        (b)         include all causes of action that can be disposed of conveniently in the same case.

Note    Under paragraph 1.08 (1) (a), any orders sought must be reasonable in the circumstances of the case and within the power of the court.

        (2)         A party seeking any of the following must not include any other cause of action in the Application:

        (a)         an order that a marriage be annulled;

        (b)         a declaration as to the validity of a marriage, divorce or annulment;

        (c)         an order authorising a medical procedure under Division 4.2.3.

Note    An application for an order mentioned in subrule (2) may only be made in an Initiating Application (Family Law) and must not be made in a Response to an Initiating Application (Family Law) (see subrule 9.01 (4)).

        (3)         Despite subrule (2), a party may seek the following orders in the same Application:

        (a)         an order that a marriage be annulled;

        (b)         a declaration as to the validity of a marriage, divorce or annulment.

Note    For amendment of an application, see Division 11.2.2.