- (1)
- If a party filing an Application for Final Orders (Form 1) or a Response
to Application for Final Orders (Form 1A) relies on a cross-vesting law, the
party must specify, in the Form, the particular State or Territory law on
which the party relies.
- (2)
- A party relying on a cross-vesting law after a
case has started must file an Application in a Case (Form 2) seeking
procedural orders in relation to the matter.
(3) A party to whom subrule (1)
or (2) applies must also file an affidavit stating:
- (a)
- that the claim is
based on the State or Territory law and the reasons why the Family Court
should deal with the claim;
- (b)
- the rules of evidence and procedure (other than those of the relevant
Family Court) on which the party relies; and
- (c)
- if the case involves a special federal matter the grounds for
claiming the matter involves a special federal matter.