Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations (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).