Commonwealth Consolidated Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 1.09

    The following apply if a divorce order has been made:

  (a)   before the order takes effect, a party may make an application under section   57 or 58 of the Family Law Act for rescission of the order, by filing:

  (i)   an Application in a Proceeding; and

  (ii)   an affidavit setting out the reasons why the divorce order should be rescinded and the evidence in support of the application; and

  (b)   if a party to the proceeding dies before the order takes effect, the surviving party must inform the court of the death of the other party by filing:

  (i)   the death certificate of the deceased party; or

  (ii)   an affidavit stating the details of the deceased party's date and place of death.