FAMILY LAW RULES 20042003 No. 375 - RULE 2.01 Which application to file

Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 2.01

Which application to file

A person starting a case must file an application as set out in Table 2.1.

Table 2.1
Applications

Item	Kind of application	Application form to be filed
1	Application for Final Orders (other than a consent order or a divorce), for example: * property settlement * parenting * maintenance * child support * medical procedures	Application for Final Orders (Form 1)
	* nullity * declaration as to validity of marriage, divorce or annulment * passport
2	Interim order in a case	Application in a Case (Form 2)
3	Procedural, ancillary or other incidental order relating to an order, application or appeal	Application in a Case (Form 2)
4	Enforcement of a financial obligation or parenting order	Application in a Case (Form 2)
5	Review of an order of a Registrar or Judicial Registrar	Application in a Case (Form 2)
6	Divorce	Application for Divorce (Form 3)
7	Consent order when there is no current case	Application for Consent Orders (Form 11)
8	Contravention of an order under Division 13A of Part VII of the Act affecting children, for example, a breach of a contact order	Application — Contravention (Form 18)
9	Contravention of an order under Part XIIIA of the Act not affecting children, for example, a breach of a property order	Application — Contravention (Form 18)
10	Contempt of court	Application — Contempt (Form 19)

Note 1
If a party seeks interim orders as well as final orders, the party may file a Form 2 at the same time as a Form 1.
Note 2
A respondent seeking orders in another cause of action may make an application in Form 1A (see paragraph 9.01 (3) (c)).

Note 3
For further information about:
(a) a divorce application, see Chapter 3;
(b) starting a case for final orders other than a divorce, see Chapter 4;
(c) making an Application in a Case, see Chapter 5;
(d) an application for a consent order, see Chapter 10;
(e) an application for contempt, enforcement or contravention, see Chapters 20 and 21; and
(f) an appeal or an application relating to an appeal, see Chapter 22.

Note 4
An application seeking orders under the Act may not be filed in a court of a Territory unless the applicant or respondent ordinarily resides in the Territory at the time the application is filed (see subsection 39 (8) and section 69K of the Act).

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