An applicant seeking that an interim order, enforcement order or procedural
order be made without notice to the respondent must:
- (a)
- satisfy the court
about why:
- (i)
- shortening the time for service of the application and the fixing of an
early date for hearing after service would not be more appropriate; and
- (ii)
- an order should be made without notice to the other party; and
(b) in an affidavit or orally, with the court's permission, make full and
frank disclosure of all the facts relevant to the application, including:
- (i)
- whether there is a history or allegation of child abuse or family violence
between the parties;
- (ii)
- whether there has been a previous case between the parties and, if so,
the nature of the case;
- (iii)
- the particulars of any orders currently in force between the parties;
- (iv)
- whether there has been a breach of a previous order by either party to
the case;
- (v)
- whether the respondent or the respondent's lawyer has been told of the
intention to make the application;
- (vi)
- whether there is likely to be any hardship, danger or prejudice to the
respondent, a child or a third party if the order is made;
- (vii)
- the capacity of the applicant to give an undertaking as to damages;
- (viii)
- the nature of the damage or harm that may result if the order is not
made;
(ix) why the order must be urgently made; and
- (x)
- the last known address or
address for service of the other party.
Note
The applicant must file any existing family violence order when filing
the application (see rule 2.05).