Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 5.01

Applications in a case

A party must file an Application in a Case (Form 2) if:

(a)
the party seeks an interim order;

(b)
the party seeks a procedural order, ancillary order, interlocutory order or other incidental order relating to an application or order;

(c)
these Rules provide for an application to be made in Form 2; or

(d)
no Form is prescribed under these Rules for the party's application.

Note 1
A Form 2 is used to make:

(a) an Application for review of a Judicial Registrar's or Registrar's order (see Chapter 18);
(b) an Application to enforce an obligation to pay money or to enforce a parenting order (see Chapter 20 and rule 21.01); and
(c) an Application for procedural orders in relation to an appeal (see Chapter 22).

Note 2
A party may ask for a procedural order orally (see paragraph (h) of item 3 of Table 11.1 in rule 11.01).



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