Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - RULE 4.06

        (1)         If a party filing an Initiating Application (Family Law) or a Response to Initiating Application (Family Law) relies on a cross-vesting law, the party must specify, in the application or response, the particular State or Territory law on which the party relies.

        (2)         A party relying on a cross-vesting law after a case has started must file an Application in a Case seeking procedural orders in relation to the matter.

        (3)         A party to whom subrule (1) or (2) applies must also file an affidavit stating:

        (a)         that the claim is based on the State or Territory law and the reasons why the Family Court should deal with the claim;

        (b)         the rules of evidence and procedure (other than those of the relevant Family Court) on which the party relies; and

        (c)         if the case involves a special federal matter — the grounds for claiming the matter involves a special federal matter.