(1) A party may apply for an interim order in relation to a cause of action
only if:
- (a)
- the party has made an application for final orders in that
cause of action; and
- (b)
- final orders have not been made on that application.
Note 1
A Form 2 may be filed at the same time as a Form 1.
Note 2
A
reference to application includes a reference to cross-application (see the
dictionary).
- (2)
- A party may apply for an ancillary or procedural order only
if the order sought relates to a current case.
(3) Subrule (2) does not
apply if the party is seeking:
- (a)
- permission to start a case or extend a
time limit to start a case;
- (b)
- to start a case for a child or a person with a disability under rule 6.10;
or
- (c)
- an order for costs.
(4) This rule does not apply to restrict the filing of a Form 2 by:
- (a)
- a
child representative; or
- (b)
- the Director of Public Prosecutions when making an application under
section 79C, 79D, 90N or 90P of the Act to stay or lift a stay of a property
settlement or spousal maintenance case.