Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations (1) On the filing of
an Application in a Case, or an Initiating Application (Family Law) in which
application is made for interim, procedural, ancillary or other orders, the
Registry Manager must fix a date for a hearing, procedural hearing or case
assessment conference on a date that is as near as practicable to 28 days
after the application was filed.
(2) An application in
which the only orders sought are procedural orders must be listed for a
hearing on the first court date.
(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).
(4) The Registry
Manager may fix an earlier date for the hearing of an Application in a Case,
or an Initiating Application (Family Law) in which application is made for
interim, procedural, ancillary or other incidental orders, if a Registrar" "is
satisfied that:
(a) the reason for the
urgency is significant and credible; and
(b) there is a harm
that will be avoided, remedied or mitigated by hearing the application
earlier.
Note The court may order costs against a party who has
unreasonably had a matter listed for urgent hearing.
(5) If a date for a
hearing is fixed, the application must, as far as practicable, be heard by the
court on that day.