Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 4.06

Information sheet to be filed with certain applications
(1)
A person filing an application for final orders under the Family Law Act or an application alleging unlawful discrimination under the Human Rights Act must also file an information sheet.

(2) However, an information sheet is not required for a proceeding about any of the following:

(a)
rescission of a decree nisi ;

(b)
a parenting plan;

(c)
a recovery order within the meaning of section 67Q of the Family Law Act;

(d)
a custody order made by an overseas court;

(e)
a custody order made by a court in Australia that is enforceable overseas;

(f)
a maintenance order made by an overseas court;

(g)
a maintenance order made by a court in Australia that is enforceable overseas;

(h)
leave, under section 102A of the Family Law Act, for a child to be examined;

(i)
an application for enforcement of an order;

(j)
contravention of an order;

(k)
contempt of court;

(l)
an application for an injunction under section 114 of the Family Law Act;

(m)
costs.

Examples
A person applying for final orders and interim orders will use 1 form (application) and file it with an affidavit. For a proceeding under the Family Law Act or a proceeding under the Human Rights Act, the person may have to file an information sheet with the application.
A person applying for interim or procedural orders only will use an application and file it with an affidavit (unless an affidavit is not necessary because the evidence has already been filed in the pending proceedings).
A person responding to an application will use a response and file it with an affidavit.
Note
There may be other documents to be filed, depending on the proceeding. For example, a financial statement and a marriage certificate in a family law proceeding (see Chapter 2).



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