Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 4.03

Requirements before seeking an interlocutory order

  (1)   Before filing an application seeking an interlocutory order, a party must make a reasonable and genuine attempt to settle the issue to which the application relates.

  (2)   Compliance with subrule (1) is not necessary if:

  (a)   compliance will cause undue delay or expense; or

  (b)   the application would be unduly prejudiced; or

  (c)   the application is urgent; or

  (d)   there are circumstances in which an application is necessary (for example, if there is an allegation of child abuse, family violence or fraud).

  (3)   A person who makes an application for an interlocutory order must indicate, in the affidavit filed with the application, either:

  (a)   that the person has made a reasonable and genuine attempt to settle the issue to which the application relates; or

  (b)   which exception in subrule (2) applies to the application and the factual basis for the exception claimed.

  (4)   A person who is legally represented must comply with subrule (3) through the person's legal representative.



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