Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - 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 for Review; 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                             (ii)  an affidavit setting out the reasons why the divorce order should be rescinded and the evidence in support of the application; and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.