(1) A person seeking to apply for an order under this Part must file an application as set out in Table 21.1.

Example for item 1 of Table 21.1
A party may use an Application in a Case (Form 2) if:
(a) the party does not want the other party to a parenting order to be punished for a failure to comply with the order but wants to be compensated for a contact period lost; or
(b) before a contact period, the other party refuses to comply with the terms of contact handover.
(2) A person filing an application mentioned in Table 21.1 must file with it an affidavit that:

(a)

states the facts necessary to enable the court to make the orders sought in the application; and

(b)

has attached to it a copy of any order, agreement or undertaking that the court is asked to enforce or that is alleged to have been contravened.

Example for paragraph (2) (a)
If a person alleges, in a Form 19, that a party is in contempt because of a contravention of an order that involved a flagrant challenge to the court's authority (see subsection 112AP (1) of the Act), or a serious disregard of the respondent's obligations under a parenting order (see paragraph 70NJ (1) (c) of the Act), the affidavit must set out the alleged facts necessary to prove this.

Note
An application and affidavit must be served by hand on the respondent (see Table 7.1).

(3)

If the application is for an order mentioned in item 2 of Table 21.1, the affidavit must also state:

(a)

whether a court has previously found that the respondent contravened the primary order without reasonable excuse; and

(b)

the details of any finding made under paragraph (a), including:

(i)

the date and place of the finding;

(ii)

the court that made the finding; and

(iii)

the terms of the finding in sufficient detail to show that the finding related to a previous contravention by the respondent of the primary order.