Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - 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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