Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - RULE 5.12

                An applicant seeking that an interim order or procedural order be made without notice to the respondent must:

        (a)         satisfy the court about why:

        (i)         shortening the time for service of the application and the fixing of an early date for hearing after service would not be more appropriate; and

        (ii)         an order should be made without notice to the other party; and

        (b)         in an affidavit or orally, with the court’s permission, make full and frank disclosure of all the facts relevant to the application, including:

        (i)         whether there is a history or allegation of child abuse or family violence between the parties;

        (ii)         whether there has been a previous case between the parties and, if so, the nature of the case;

        (iii)         the particulars of any orders currently in force between the parties;

        (iv)         whether there has been a breach of a previous order by either party to the case;

        (v)         whether the respondent or the respondent’s lawyer has been told of the intention to make the application;

        (vi)         whether there is likely to be any hardship, danger or prejudice to the respondent, a child or a third party if the order is made;

        (vii)         the capacity of the applicant to give an undertaking as to damages;

        (viii)         the nature of the damage or harm that may result if the order is not made;

        (ix)         why the order must be urgently made; and

        (x)         the last known address or address for service of the other party.

Note    The applicant must file any existing family violence order when filing the application (see rule 2.05).