Family Law Rules 2004 (Cth)

Family Law Rules 2004

Statutory Rules No. 375, 2003

made under the

Family Law Act 1975

Compilation No. 37

Compilation date: 23 August 2021

Includes amendments up to: F2021L01176

Registered: 1 September 2021

This compilation is in 2 volumes

Volume 1:rules 1.01–27.13

Volume 2: Schedules

Dictionary
Explanatory Guide
Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Family Law Rules 2004 that shows the text of the law as amended and in force on 23 August 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Chapter 1Introduction

Summary of Chapter 1

Chapter 1 sets out the rules relating to:

· the main purpose of these Rules, and the obligations of parties, lawyers and the court;
· the court’s general powers that are to apply in all cases; and
· other preliminary matters, including sittings, definitions, calculation of time and publication.

These Rules are not, and should not be read as if they were, a complete code of the court’s powers. Other powers are found in the provisions of various Acts, the court’s inherent jurisdiction and the common law.

The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

Part 1.1Preliminary 1.01Name of Rules

These Rules are the Family Law Rules 2004.

1.02Commencement

These Rules commence on 29 March 2004.
Note: The Family Law Rules 1984 (the old Rules), as in force under the Family Law Act 1975 immediately before the commencement of these Rules (the new Rules), are repealed—see the Family Law Repeal Rules 2004. The new Rules apply to a case that was commenced in accordance with the old Rules and not determined before the repeal of those Rules—see rule 4 of the Family Law Repeal Rules 2004.

1.03Rules in Chapter 1 prevail

(1)
Chapter 1 sets out the general rules that the court may apply in all cases.
(2)
If a rule in another Chapter conflicts with a rule in Chapter 1 of these Rules, the rule in Chapter 1 applies.

1.03AApplication of Family Court Rules 2021 (WA)

(1)
The Family Court Rules 2021 (WA), as in force at the start of 23 August 2021, apply in relation to the exercise of jurisdiction under the Act by the Family Court of Western Australia and the Magistrates Court of Western Australia.
(2)
For the purpose of the exercise of jurisdiction under the Act by the Family Court of Western Australia or the Magistrates Court of Western Australia, a provision of the Family Court Rules 2021 (WA), as applied by subrule (1) of this rule, prevails over a provision of these Rules to the extent of any inconsistency.

Part 1.2Main purpose of Rules 1.04Main purpose of Rules

The main purpose of these Rules is to ensure that each case is resolved in a just and timely manner at a cost to the parties and the court that is reasonable in the circumstances of the case.
Note: Section 43 of the Act sets out the principles that the court must apply when exercising its jurisdiction under the Act.

1.05Pre‑action procedure

(1)
Before starting a case, each prospective party to the case must comply with the pre‑action procedures, the text of which is set out in Schedule 1.
(2)
Compliance with subrule (1) is not necessary if:
(a)
for a parenting case—the case involves allegations of child abuse or family violence, or the risk of child abuse or family violence;
(b)
for a property case—the case involves allegations of family violence, or the risk of family violence, or fraud;
(c)
the application is urgent;
(d)
the applicant would be unduly prejudiced;
(e)
there has been a previous application in the same cause of action in the 12 months immediately before the start of the case;
(f)
the case is an application for divorce;
(g)
the case is a child support application or appeal; or
(h)
the case involves a court’s jurisdiction in bankruptcy under section 35 or 35B of the Bankruptcy Act.
Note 1: The court publishes a brochure setting out the pre‑action procedures for financial cases and parenting cases.
Note 2: The court may take into account a party’s failure to comply with a pre‑action procedure when considering whether to order costs (see paragraph 1.10(2)(d)).
Note 3: Subsections 60I(7) to (12) provide for attendance at family dispute resolution before applying for an order under Part VII of the Act in relation to a child.

1.06Promoting the main purpose

The court must apply these Rules to promote the main purpose, and actively manage each case by:
(a)
encouraging and helping parties to consider and use a dispute resolution method rather than having the case resolved by trial;
(b)
having regard to unresolved risks or other concerns about the welfare of a child involved;
(c)
identifying the issues in dispute early in the case and separating and disposing of any issues that do not need full investigation and trial;
(d)
at an early stage, identifying and matching types of cases to the most appropriate case management procedure;
(e)
setting realistic timetables, and monitoring and controlling the progress of each case;
(f)
ensuring that parties and their lawyers comply with these Rules, any practice directions and procedural orders;
(g)
considering whether the likely benefits of taking a step justify the cost of that step;
(h)
dealing with as many aspects of the case as possible on the same occasion;
(i)
minimising the need for parties and their lawyers to attend court by, if appropriate, relying on documents; and
(j)
having regard to any barriers to a party’s understanding of anything relevant to the case.

1.07Achieving the main purpose

To achieve the main purpose, the court applies these Rules in a way that:
(a)
deals with each case fairly, justly and in a timely manner;
(b)
encourages parties to negotiate a settlement, if appropriate;
(c)
is proportionate to the issues in a case and their complexity, and the likely costs of the case;
(d)
promotes the saving of costs;
(e)
gives an appropriate share of the court’s resources to a case, taking into account the needs of other cases; and
(f)
promotes family relationships after resolution of the dispute, where possible.

1.08Responsibility of parties and lawyers in achieving the main purpose

(1)
Each party has a responsibility to promote and achieve the main purpose, including:
(a)
ensuring that any orders sought are reasonable in the circumstances of the case and that the court has the power to make those orders;
(b)
complying with the duty of disclosure (see rule 13.01);
(c)
ensuring readiness for court events;
(d)
providing realistic estimates of the length of hearings or trials;
(e)
complying with time limits;
(f)
giving notice, as soon as practicable, of an intention to apply for an adjournment or cancellation of a court event;
(g)
assisting the just, timely and cost‑effective disposal of cases;
(h)
identifying the issues genuinely in dispute in a case;
(i)
being satisfied that there is a reasonable basis for alleging, denying or not admitting a fact;
(j)
limiting evidence, including cross‑examination, to that which is relevant and necessary;
(k)
being aware of, and abiding by, the requirements of any practice direction or guideline published by the court; and
(l)
complying with these Rules and any orders.
(2)
A lawyer for a party has a responsibility to comply, as far as possible, with subrule (1).
Note: The court recognises that a lawyer acts on a party’s instructions and may be unable to establish whether those instructions are correct.
(3)
A lawyer attending a court event for a party must:
(a)
be familiar with the case; and
(b)
be authorised to deal with any issue likely to arise.
Note: The court may take into account a failure to comply with this rule when considering costs (see subrule 19.10(1) and subclause 6.10(1) of Schedule 6).

Part 1.3Court’s powers in all cases 1.09Procedural orders in cases of doubt or difficulty

If the court is satisfied that:
(a)
a legislative provision does not provide a practice or procedure; or
(b)
a difficulty arises, or doubt exists, in relation to a matter of practice or procedure;
it may make such orders as it considers necessary.

1.10Court may make orders

(1)
Unless a legislative provision states otherwise, the court may make an order, on application or on its own initiative, in relation to any matter mentioned in these Rules.
(2)
When making an order, the court may:
(a)
impose terms and conditions;
(b)
make a consequential order;
(c)
specify the consequence of failure to comply with the order; and
(d)
take into account whether a party has complied with a pre‑action procedure.

1.11Court may set aside or vary order

The court may set aside or vary an order made in the exercise of a power under these Rules.

1.12Court may dispense with Rules

(1)
These Rules apply unless the court, on application or its own initiative, orders otherwise.
(2)
The court may dispense with compliance with any of these Rules at any time, before or after the occasion for compliance arises.
(3)
In considering whether to make an order under this rule, the court may consider:
(a)
the main purpose of these Rules (see rule 1.04);
(b)
the administration of justice;
(c)
whether the application has been promptly made;
(d)
whether non‑compliance was intentional; and
(e)
the effect that granting relief would have on each party and parties to other cases in the court.

1.13Judicial officer hearing application

Unless a legislative provision states otherwise, if:
(a)
these Rules provide that an application or appeal is to be heard by a particular judicial officer or particular class of judicial officer; and
(b)
such a person is unavailable;
the application or appeal may be listed before another judicial officer who has jurisdiction to hear the application or appeal.

1.14Shortening or extension of time

(1)
A party may apply to the court to shorten or extend a time that is fixed under these Rules or by a procedural order.
(2)
A party may make an application under subrule (1) for an order extending a time to be made even though the time fixed by the rule or order has passed.
(3)
A party who makes an application under subrule (1) for an extension of time may be ordered to pay any other party’s costs in relation to the application.

1.15Time for compliance

If a rule or order requires a person to take an action but does not specify a time by which the action is to be taken, the person must take the action as soon as practicable.

Part 1.4Other preliminary matters 1.16Definitions – the dictionary

(1)
The dictionary at the end of these Rules defines and explains certain words and expressions.
(2)
Within a definition, the defined term is identified by bold italics.
(3)
The dictionary is part of these Rules.
(4)
A definition of a word or expression in the dictionary applies to each use of the word or expression in these Rules, unless the context does not permit.

1.17Notes, examples etc

(1)
The following are explanatory only and are not part of these Rules:
(a)
chapter summaries;
(b)
examples;
(c)
flow charts;
(d)
notes.
(2)
The explanatory guide at the end of these Rules is not part of these Rules and is not to be used in interpreting these Rules.
Note 1: See section 13 and paragraph 15AB(2)(a) of the Acts Interpretation Act 1901.
Note 2: In interpreting these Rules:
Specific prevails over the general
In these Rules, if there is a conflict between a general rule and a specific rule, the specific rule prevails.
Use of ‘and’ and ‘or’ between paragraphs etc
A series of paragraphs may be joined by the word and or or, which will appear between the last 2 paragraphs only. The series is to be read as if the same word appears between each paragraph in the series—for example:
(1)This is:
(a) a paragraph;
(b) another paragraph; and
(c) yet another paragraph.
and
(2)This is:
(a) a paragraph;
(b) another paragraph; or
(c) yet another paragraph.
If the paragraphs are to be read as a list, the words and or or are not used—for example:
(3)A provision may include the following:
(a) a paragraph;
(b) another paragraph;
(c) yet another paragraph.

1.18Sittings

The Family Court of Australia must sit at the times and places the Chief Justice directs.

1.19Prohibition on recording

(1)
A person must not photograph or record by electronic or mechanical means:
(a)
a hearing or part of a hearing:
(b)
a trial or part of a trial;
(c)
a conference under the Act, these Rules or an order of a court;
(d)
an attendance with a family consultant;
(e)
an attendance with a single expert under these Rules;
(f)
a conference of experts ordered by a court; or
(g)
a person who is in court premises.
Note: Section 121 of the Act restricts publication of information relating to cases.
(2)
Subrule (1) does not apply to a photograph or recording made at the request of:
(a)
a court;
(b)
in relation to an attendance with a family consultant—the family consultant;
(c)
in relation to an attendance with an expert witness—the expert; or
(d)
in relation to a conference of experts—the experts.
(3)
A person commits an offence if the person contravenes subrule (1).
Penalty: 50 penalty units.

1.20Publishing lists of cases

(1)
A list of cases to be heard in the court prepared by a Registry Manager may be:
(a)
published in the law list in a newspaper; and
(b)
made available to members of the legal profession and their employees.
Note: See subsection 121(2) of the Act.
(2)
The list may contain:
(a)
subject to subrule (3), the family name of a party, but not a given name;
(b)
the file number of a case;
(c)
the name of the judicial officer for a hearing or trial;
(d)
the time and place where a named judicial officer will sit; and
(e)
the general nature of an application.
(3)
For a case in which a court has jurisdiction in bankruptcy under section 35 or 35B of the Bankruptcy Act, the list may contain the given name of a party.

1.21Calculating time

(1)
Time in a case runs during a period when the filing registry is closed.
(2)
If:
(a)
the period allowed by these Rules or an order for an action to be validly taken is 5 days or less; and
(b)
the period includes a day when the filing registry is closed;
that day is not counted.
(3)
For the calculation of time of one day or more from a particular day, or from the occurrence of a particular event, the particular day, or the day when the event occurs, is not counted.
(4)
If the last day for taking an action requiring attendance at a filing registry is on a day when the filing registry is closed, the action may be taken on the next day when the filing registry is open.
(5)
Subsection 36(2) of the Acts Interpretation Act 1901 does not apply to these Rules.

1.22Methods of attaching the seal of the Court

The seal of the Court may be attached to a document:
(a)
by hand; or
(b)
by electronic means; or
(c)
in any other way.

Chapter 2Starting a case

Summary of Chapter 2

Chapter 2 sets out rules about:

· the form of application you must file to start a case in a court, respond to an application or seek orders in the course of a case;
· the documents you must file with an application or response; and

· the brochures that must be served in a case.

Before starting a case, you must comply with the court’s pre‑action procedures (see subrule 1.05(1) and Schedule 1).

The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

Part 2.1Applications 2.01Which application to file

A person starting a case must file an application as set out in Table 2.1.

Table 2.1Applications

Item	Kind of application	Application form to be filed
1	Application seeking final orders (other than a consent order or a divorce), for example:	Initiating Application (Family Law)
· property settlement · parenting (including in relation to a child born under a surrogacy arrangement) · maintenance · child support · medical procedures
· nullity · declaration as to validity of marriage, divorce or annulment
· order relating to passport (see Division 4.2.7)
2	Interim order sought at the same time as an application for final orders is made	Initiating Application (Family Law)
2A	Interim order sought after an application for final orders is made	Application in a Case
3	Procedural, ancillary or other incidental order relating to an order or application sought at the same time as an application for final orders is made	Initiating Application (Family Law)
3A	Procedural, ancillary or other incidental order relating to an order or application sought after an application for final orders is made	Application in a Case
4	Enforcement of a financial obligation or parenting order	Application in a Case
5	Review of an order of a Registrar or Judicial Registrar	Application in a Case
6	Divorce	Application for Divorce
7	Consent order when there is no current case	Application for Consent Orders
8	Contravention of an order under Division 13A of Part VII of the Act affecting children, for example, a breach of a contact order	Application—Contravention
9	Contravention of an order under Part XIIIA of the Act not affecting children, for example, a breach of a property order	Application—Contravention
10	Failure to comply with a bond entered into in accordance with the Act	Application—Contravention
11	Contempt of court	Application—Contempt

Note 1: A respondent seeking orders in another cause of action may make an application in a Response to Initiating Application (Family Law) (see paragraph 9.01 (3) (c)).

Note 2: For further information about:

(a) a divorce application, see Chapter 3;
(b) starting a case for final orders other than a divorce, see Chapter 4;
(ba) making an application for a parenting order in relation to a child born under a surrogacy arrangement, see Division 4.2.8;
(c) making an Application in a Case, see Chapter 5;
(d) an application for a consent order, see Chapter 10;
(e) an application for contempt, enforcement or contravention, see Chapters 20 and 21; and
(f) an application relating to the failure of a party to comply with a bond, see Chapter 21;
(g) an appeal or an application relating to an appeal, see Chapter 22; and
(h) an application relating to a bankruptcy case, see Chapter 26.
Note 3: An application seeking orders under the Act may not be filed in a court of a Territory unless the applicant or respondent ordinarily resides in the Territory at the time the application is filed (see subsection 39(8) and section 69K of the Act).

2.02Documents to be filed with applications

(1)
A person must file with an application mentioned in an item of Table 2.2, the document mentioned in the item if the document has not already been filed.

Table 2.2Documents to be filed with applications

Item	Application	Documents to be filed with application
2A	Initiating Application (Family Law) in which an order is sought under Part VII of the Act, for example, a parenting order	(a) unless paragraph (b) applies—a certificate given to the applicant by a family dispute resolution practitioner under subsection 60I(8) of the Act; (b) if no certificate is required because paragraph 60I(9)(b), (c), (d), (e) or (f) of the Act applies—an affidavit in a form approved by the Chief Executive Officer unless another affidavit filed in the proceedings sets out the factual basis of the exception claimed (c) if the application is for a parenting order in relation to a child born under a surrogacy arrangement—an affidavit in a form approved by the Chief Executive Officer; (d) a Notice of Child Abuse, Family Violence or Risk Note: Division 4.2.8 of these Rules and section 60HB of the Act relate to children born under surrogacy arrangements.
2B	Initiating Application (Family Law) in which an order is sought relating to a de facto relationship	(a) the documents required by an item in this table that applies to the application (for example items 2A to 6 and 9); and (b) to satisfy the court for section 90SB of the Act that the relationship is or was registered under a prescribed law—the certificate of registration; and
(c) for an applicant who has made a choice under subitem 86A(1) or 90A(1) of Schedule 1 to the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008—a document that satisfies the requirements of subitem 86A(5) or 90A(5) of that Act
2C	Response to Initiating Application (Family Law) in which an order is sought under Part VII of the Act, for example, a parenting order	a Notice of Child Abuse, Family Violence or Risk
3	Initiating Application (Family Law), or Response to Initiating Application (Family Law), in which financial orders are sought, for example, property settlement, maintenance, child support	a completed Financial Statement (see rule 13.05)
4	Initiating Application (Family Law) or Response to Initiating Application (Family Law) in which property settlement orders are sought, and Reply responding to Response to Initiating Application (Family Law) in which property orders are sought as a new cause of action	(a) the documents mentioned in this column in item 3; (b) a completed superannuation information form (attached to the Financial Statement) for a superannuation interest of the party filing the Initiating Application (Family Law), Response or Reply to an Initiating Application (Family Law)
5	Initiating Application (Family Law) or Response to an Initiating Application (Family Law) relying on a cross‑vesting law, or seeking an order under Part 4.2: · for a medical procedure; · for step‑parent maintenance, if there is consent; · for nullity of marriage; · for a declaration as to validity of a marriage or divorce or annulment; or · relating to a passport	an affidavit (see section 66M of the Act and rules 4.06, 4.09, 4.29 and 4.30)
6	Initiating Application (Family Law) or Response to an Initiating Application (Family Law) in which a child support application or appeal is made	the documents mentioned in rule 4.18 for the application
7	Application for interim, procedural, ancillary or other incidental orders in an Initiating Application (Family Law) or Application in Case (other than an application seeking review of a decision of a Registrar or Judicial Registrar)	an affidavit (see rules 5.02 and 9.02)
9	Application for Consent Orders	(a) if the orders sought are for a de facto relationship—one of the documents mentioned in this column in item 2B;
(b) if the orders sought relate to a superannuation interest—proof of the value of the interest (see subsection 90MT(2) of the Act); (c) if an order is sought under Part VII of the Act—a Notice of Child Abuse, Family Violence or Risk
10	Application—Contravention, other than an application to which item 10A applies	an affidavit (see subrules 21.02(2) and (3))
10A	Application—Contravention in which an order is sought under Part VII of the Act	(a) an affidavit (see subrules 21.02(2) and (3)); and (b) either: (i) a certificate given to the applicant by the family dispute resolution practitioner under subsection 60I(8) of the Act; or
(ii) if no certificate is required because paragraph 60I(9)(b), (c), (d), (e) or (f) of the Act applies—an affidavit in a form approved by the Chief Executive Officer unless another affidavit filed in the proceedings sets out the factual basis of the exception claimed
11	Application—Contempt	an affidavit (see subrule 21.02(2))

(4)
If a document mentioned in Table 2.2 is not in English, the person filing the document must file:
(a)
a translation of the document, in English; and
(b)
an affidavit, by the person who made the translation, verifying the translation and setting out the person’s qualifications to make the translation.
(5)
An applicant in proceedings mentioned in subsection 100(1) of the Assessment Act or subsection 105(1) of the Registration Act is not required to file in the court a certificate given to the applicant by a family dispute resolution practitioner under subsection 60I(8) of the Family Law Act.
Note 1: A party must not file an affidavit with an Initiating Application (Family Law) unless an application seeking interim, procedural, ancillary or other incidental orders is included in the Initiating Application (Family Law) or permitted to do so by Chapter 4 or an order (see rules 1.12 and 4.02).
Note 2: A document that is filed must be served (see rules 7.03 and 7.04).
Note 3: For information about filing documents, see Chapter 24.

2.02ADocuments filed by electronic communication

A person who files a document by electronic communication must:
(a)
include in the filed document and each copy served on another person any details the person knows about the location, date and time of the next court event in the matter; and
(b)
if the Registry Manager notifies the person of the details of the next court event—give a copy of the notice as soon as practicable to each person on whom the document is or has been served.

Part 2.2Brochures 2.03Service of brochures

A person who files an Initiating Application (Family Law) or an Application for Divorce must, when serving the application on the respondent, also serve a brochure prepared by the court for section 12F of the Act.
Note: In addition to the requirements of this rule, an applicant who has filed an application for enforcement must serve the relevant brochure on the respondent (see paragraph 20.11(3)(b)).

Part 2.3Notification in certain casesDivision 2.3.1Cases involving allegation of abuse or family violence in relation to a child2.04Definition

In this Division:
interested person:
(a)
in a proceeding to which section 67Z of the Act applies—has the meaning given by subsection (4) of that section; and
(b)
in a proceeding to which section 67ZBA of the Act applies—has the meaning given by subsection (4) of that section.
Part VII order has the same meaning as in subsection 60I(1) of the Act.
Registry Manager has the same meaning as in section 67Z of the Act.

2.04AApplication of Division 2.3.1

This Division applies to a case if an application is made to a court for a Part VII order in relation to a child in the case.

2.04BAmendment of Notice of Child Abuse, Family Violence or Risk

If:
(a)
a person who is a party to a proceeding, or an interested person in a proceeding, has filed a Notice of Child Abuse, Family Violence or Risk in the proceeding; and
(b)
after filing the notice, the person becomes aware of new facts or circumstances that would require the person to file a Notice of Child Abuse, Family Violence or Risk for the purposes of subsection 67Z(2) or 67ZBA(2) of the Act in relation to those new facts or circumstances;
the person must file:
(c)
a Notice of Child Abuse, Family Violence or Risk setting out those new facts or circumstances; and
(d)
an affidavit stating the evidence relied on to support each allegation set out in the notice.
Note 1: A true copy of a Notice of Child Abuse, Family Violence or Risk that is filed for the purposes of subsection 67Z(2) or 67ZBA(2) of the Act must be served on the person to whom the allegations relate: see subsections 67Z(2) and 67ZBA(2) of the Act.
Note 2: If a Notice of Child Abuse, Family Violence or Risk alleges that a child has been abused or is at risk of being abused, the Registry Manager must notify a prescribed child welfare authority: see subsection 67Z(3) and paragraph 67ZBA(3)(b) of the Act.

2.04DPrescribed form

(1)
The prescribed form for a notice mentioned in subsection 67Z(2) or 67ZBA(2) of the Act is the Notice of Child Abuse, Family Violence or Risk.
Note: The Notice of Child Abuse, Family Violence or Risk is set out in Schedule 2.
(2)
A person who files a Notice of Child Abuse, Family Violence or Risk that includes one or more allegations of child abuse, family violence or risk of harm to a child must file an affidavit stating the evidence on which each allegation set out in the notice is based, no later than the time the notice is filed.
Note 1: If a Notice of Child Abuse, Family Violence or Risk filed in a proceeding alleges that a child to whom the proceeding relates has been abused or is at risk of being abused by a person, or that there has been family violence or that there is a risk of family violence by one of the parties to the proceeding, a true copy of the notice must be served on the person to whom the allegations relate: see subsections 67Z(2) and 67ZBA(2) of the Act. The requirements for service of filed documents are set out in rule 7.04.
Note 2: If a Notice of Child Abuse, Family Violence or Risk filed in a proceeding alleges that a child to whom the proceeding relates has been abused or is at risk of being abused, the Registry Manager must notify a prescribed child welfare authority: see subsection 67Z(3) and paragraph 67ZBA(3)(b) of the Act.
(3)
Subrule (2) does not apply to a notice filed with an Application for Consent Orders.

2.05Family violence order

(1)
A party must file a copy of any family violence order affecting the child or a member of the child’s family:
(a)
when a case starts; or
(b)
as soon as practicable after the order is made.
(2)
If a copy of the family violence order is not available, the party must file a written notice containing:
(a)
an undertaking to file the order within a specified time;
(b)
the date of the order;
(c)
the court that made the order; and
(d)
the details of the order.
(2A)
Subrule (2) does not apply to a party starting a case by filing an Application for Consent Orders.
(3)
If, during the case, a family violence order affecting the child or a member of the child’s family is varied, any party affected by the variation must, as soon as practicable after the order is varied, file a copy of the variation.

Division 2.3.2Property settlement or spousal or de facto maintenance cases2.06Notification of proceeds of crime order or forfeiture application (Act ss 79B, 90M and 90VA)

If a party to a property settlement or spousal maintenance case, or a de facto property settlement or maintenance proceedings, is required to give the Registry Manager written notice under subsection 79B(3), 90M(3) or 90VA(3) of the Act of a proceeds of crime order or forfeiture application, the party must:
(a)
file the notice as soon as possible after the party is notified by the proceeds of crime authority under paragraph 79B(3)(b), 90M(3)(b) or 90VA(3)(b) of the Act; and
(b)
if the person is required under paragraph 79B(3)(d), 90M(3)(d) or 90VA(3)(d) of the Act to give a document to the Registry Manager—attach the document to the notice.

2.07Proceeds of crime

(1)
If the proceeds of crime authority applies under section 79C, 90N or 90VB of the Act to stay a property settlement or spousal maintenance case, or a de facto property settlement or maintenance proceedings, the authority must, at the same time, file a sealed copy of the proceeds of crime order or forfeiture application covering the property of the parties to the marriage or either of them, if not already filed.
(2)
An application under section 79D, 90P or 90VC of the Act to lift a stay of a property settlement or spousal maintenance case, or a de facto property settlement or maintenance proceedings, must have filed with it:
(a)
proof that the proceeds of crime order has ceased to be in force or that the forfeiture application has been finally determined; and
(b)
if made by a party, the written consent of the proceeds of crime authority under section 79D, 90P or 90VC of the Act.
Note: A party seeking a stay of a case or an order lifting a stay under this rule must file an Application in a Case (see Chapter 5).

Chapter 3Divorce

Summary of Chapter 3

Chapter 3 sets out the procedure for obtaining a divorce. You may also need to refer to other Chapters in these Rules, particularly Chapters 7 and 24, when applying for a divorce.

The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

Part 3.1Application for Divorce 3.01Fixing of hearing date

(1)
On the filing of an Application for Divorce, the Registry Manager must fix a date for the hearing of the application.
(2)
The date fixed must be:
(a)
for a joint application—at least 28 days after the application is filed; or
(b)
for any other application:
(i)
if the respondent is in Australia—at least 42 days after the application is filed; or
(ii)
if the respondent is outside Australia—at least 56 days after the application is filed.
Note 1: An Application for Divorce (other than a joint application) must be served on the respondent (see rule 7.03).
Note 2: When an Application for Divorce is served, the respondent must also be given a brochure approved by the Chief Executive Officer (see rule 2.03).

3.02Amendment of an Application for Divorce

An applicant may amend an Application for Divorce:
(a)
within 14 days before the hearing; or
(b)
within any shorter time permitted by the court or consented to by the respondent.

3.03Discontinuance of an Application for Divorce

An applicant may discontinue an Application for Divorce by filing and serving a Notice of Discontinuance at least 7 days before the date fixed for the hearing.
Note: The court may, at the hearing, give permission for an Application for Divorce to be discontinued.

Part 3.2Response 3.04Response

(1)
A respondent to an Application for Divorce who seeks to oppose the divorce or contest the jurisdiction of the court must file a Response to an Application for Divorce:
(a)
if the respondent is served in Australia—within 28 days after the day when the Application for Divorce is served on the respondent; or
(b)
if the respondent is served outside Australia—within 42 days after the day when the Application for Divorce is served on the respondent.
(2)
If a respondent files a Response to an Application for Divorce:
(a)
the hearing must proceed in open court; and
(b)
each party must attend or be represented by a lawyer.
Note: A document that is filed must be served (see rules 7.03 and 7.04).

3.05Objection to jurisdiction

(1)
If, in a Response to an Application for Divorce, a respondent objects to the jurisdiction of the court, the respondent will not be taken to have submitted to the jurisdiction of the court by also seeking an order that the application be dismissed on another ground.
(2)
The objection to the jurisdiction must be determined before any other orders sought in the Response to an Application for Divorce.

3.06Response out of time

If a respondent files a Response to an Application for Divorce after the time allowed under subrule 3.04(1):
(a)
the applicant may consent to the late filing; or
(b)
if the applicant does not consent, the court may continue the case as if the response had not been filed.
Note: The respondent may apply to the court for permission to file a Response to an Application for Divorce after the time allowed by rule 3.04 (see rule 1.14).

3.07Affidavit to reply to information in an Application for Divorce

A respondent to an Application for Divorce who disputes any of the facts set out in the application, but does not oppose the divorce, may, at least 7 days before the date fixed for the hearing of the application, file and serve an affidavit setting out the facts in dispute.

Part 3.3Attendance at hearing 3.08Attendance at hearing

(1)
A party may apply under rule 5.06 to attend the hearing of an Application for Divorce by electronic communication.
(2)
Subject to Part 3.4:
(a)
if the applicant fails to attend the hearing in person or by a lawyer, the application may be dismissed; and
(b)
if the respondent fails to attend the hearing in person or by a lawyer, the applicant may proceed with the hearing as if the application were undefended.

Part 3.4Hearing in absence of parties 3.09Seeking a hearing in absence of parties

If, in an Application for Divorce (other than a case started by a joint Application):
(a)
no Response has been filed;
(b)
at the date fixed for the hearing, there are no children of the marriage within the meaning of subsection 98A(3) of the Act;
(c)
the applicant has requested that the case be heard in the absence of the parties; and
(d)
the respondent has not requested the court not to hear the case in the absence of the parties;
the court may determine the case in the absence of the parties.

3.10Hearing in absence of parties – joint application

If, in a joint Application for Divorce, the applicants request that the case be heard in their absence, the court may so determine the case.
Note: The court must not determine the Application in the absence of the parties if there are any children of the marriage who are under 18 and the court is not satisfied that proper arrangements have been made for their care, welfare and development (see subsection 98A(2A) of the Act).

3.11Request not to hear case in parties’ absence

A respondent to an Application for Divorce who objects to the case being heard in the absence of the parties must, at least 7 days before the date fixed for the hearing, file and serve a written notice to that effect.
Note 1: If a respondent seeks that a case not be heard in the absence of the parties, the court must not determine the case in the absence of the parties (see subsection 98A(1) of the Act).
Note 2: A notice under this rule must comply with subrule 24.01(1).

Part 3.5Events affecting divorce order 3.12Application for rescission of divorce order

A party may, before a divorce order nisi becomes absolute, apply for the order to be rescinded by filing an Application in a Case.
Note 1: Sections 57 and 58 of the Act set out the circumstances in which the court may rescind a divorce order nisi.
Note 2: A party filing an Application in a Case must file an affidavit (see rule 5.02).

3.13Death of party

If a party to an Application for Divorce dies after the divorce order nisi is made but before the order becomes absolute, the surviving party must inform the Registry Manager of the death of the other party by filing:
(a)
the death certificate of the deceased party; or
(b)
an affidavit stating the details of the deceased party’s date and place of death.

Chapter 4Application for Final Orders

Summary of Chapter 4

Chapter 4 sets out rules about:

· the general procedure for starting a case by an Initiating Application (Family Law) seeking final orders, for example, an Application for Property Settlement or Parenting Orders; and
· the procedure for starting specific applications such as an Application relying on cross‑vesting laws, for a medical procedure, maintenance, child support or a declaration as to validity of a marriage.

Before starting a case, you must comply with the court’s pre‑action procedures (see subrule 1.05(1) and Schedule 1).

You may also need to refer to other Chapters in these Rules when making an application, in particular, Chapters 6, 7 and 24.

Note: This Chapter does not apply to:

(a) an Application for Divorce (see Chapter 3);

(b) an application for an interim, procedural or other incidental order about an application seeking final orders whether made in an Initiating Application (Family Law) or an Application in a Case (see Chapter 5);
(c) an Application for Review of a Judicial Registrar’s or a Registrar’s Order (see Chapter 18);
(d) an Application to enforce an obligation to pay money (see Chapter 20);
(e) an Application resulting from a contravention of an order or in relation to contempt (see Chapter 21);
(f) an Application relating to an appeal (see Chapter 22); or

(g) an appeal (see Chapter 22).

The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

Part 4.1Introduction 4.01Contents of Application for Final Orders

(1)
In an Initiating Application (Family Law), the applicant must:
(a)
give full particulars of the orders sought; and
(b)
include all causes of action that can be disposed of conveniently in the same case.
Note: Under paragraph 1.08(1)(a), any orders sought must be reasonable in the circumstances of the case and within the power of the court.
(2)
A party seeking any of the following must not include any other cause of action in the Application:
(a)
an order that a marriage be annulled;
(b)
a declaration as to the validity of a marriage, divorce or annulment;
(c)
an order authorising a medical procedure under Division 4.2.3.
Note: An application for an order mentioned in subrule (2) may only be made in an Initiating Application (Family Law) and must not be made in a Response to an Initiating Application (Family Law) (see subrule 9.01(4)).
(3)
Despite subrule (2), a party may seek the following orders in the same Application:
(a)
an order that a marriage be annulled;
(b)
a declaration as to the validity of a marriage, divorce or annulment.
Note: For amendment of an application, see Division 11.2.2.

4.02Filing affidavits

A party must not file an affidavit with an Initiating Application (Family Law) unless permitted or required to do so by these Rules.
Example: A party only seeking final orders for property settlement or parenting orders must not file an affidavit with an Initiating Application (Family Law).

4.03First court date

On the filing of an Initiating Application (Family Law), the Registry Manager must fix a date:
(a)
in a parenting case—for a procedural hearing that is as near as practicable to 28 days after the application was filed;
(b)
in a financial case—for a case assessment conference that is as near as practicable to 28 days after the application was filed;
(c)
if the application includes both a financial case and a parenting case—for a case assessment conference that is as near as practicable to 28 days after the application was filed; or
(d)
if an earlier date is fixed for the hearing of that or another application so far as it concerns an interim, procedural or other ancillary order in the case—for a procedural hearing on the same day.
Note: Under subrule 5.05(4), a Registrar may, in exceptional circumstances, allow an application for an interim, procedural, ancillary or other incidental order to be listed for urgent hearing. Chapter 12 sets out the requirements for case assessment conferences and procedural hearings.

Part 4.2Specific applicationsDivision 4.2.1General4.04General provisions still apply

If a rule in this Part specifies particular requirements for an application, those requirements are in addition to the general requirements for an Initiating Application (Family Law).

4.05Application by Attorney‑General for transfer of case

If the Attorney‑General of the Commonwealth, or of a State or Territory, applies for the transfer of a case under Division 4.2.2 (Cross‑vesting) or Chapter 25 (Corporations Act 2001), the Attorney‑General does not, by that application, automatically become a party to the case.

Division 4.2.2Cross‑vesting4.06Cross‑vesting matters

(1)
If a party filing an Initiating Application (Family Law) or a Response to Initiating Application (Family Law) relies on a cross‑vesting law, the party must specify, in the application or response, 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 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.

4.07Transfer of case

A party to a case to which rule 4.06 applies may apply to have the case transferred to another court by filing an Application in a Case.
Note: An application under this rule must be listed for hearing by a Judge.

Division 4.2.3Medical procedure4.08Application for medical procedure

(1)
Any of the following persons may make a Medical Procedure Application in relation to a child:
(a)
a parent of the child;
(b)
a person who has a parenting order in relation to the child;
(c)
the child;
(d)
the independent children’s lawyer;
(e)
any other person concerned with the care, welfare and development of the child.
(2)
If a person mentioned in paragraph (1)(a) or (b) is not an applicant, the person must be named as a respondent to the application.
Note 1: Section 65C of the Act sets out who may apply for a parenting order.
Note 2: Chapter 2 provides for the form to be used to make an Initiating Application (Family Law) and the documents to be filed with that application.

4.09Evidence supporting application

(1)
If a Medical Procedure Application is filed, evidence must be given to satisfy the court that the proposed medical procedure is in the best interests of the child.
(2)
The evidence must include evidence from a medical, psychological or other relevant expert witness that establishes the following:
(a)
the exact nature and purpose of the proposed medical procedure;
(b)
the particular condition of the child for which the procedure is required;
(c)
the likely long‑term physical, social and psychological effects on the child:
(i)
if the procedure is carried out; and
(ii)
if the procedure is not carried out;
(d)
the nature and degree of any risk to the child from the procedure;
(e)
if alternative and less invasive treatment is available—the reason the procedure is recommended instead of the alternative treatments;
(f)
that the procedure is necessary for the welfare of the child;
(g)
if the child is capable of making an informed decision about the procedure—whether the child agrees to the procedure;
(h)
if the child is incapable of making an informed decision about the procedure—that the child:
(i)
is currently incapable of making an informed decision; and
(ii)
is unlikely to develop sufficiently to be able to make an informed decision within the time in which the procedure should be carried out, or within the foreseeable future;
(i)
whether the child’s parents or carer agree to the procedure.
(3)
The evidence may be given:
(a)
in the form of an affidavit; or
(b)
with the court’s permission, orally.

4.10Service of application

The persons on whom a Medical Procedure Application and any document filed with it must be served include the prescribed child welfare authority.
Note: For service of an Initiating Application (Family Law), see rules 7.03 and 7.04.

4.11Fixing of hearing date

(1)
On the filing of a Medical Procedure Application, the Registry Manager must fix a date for a hearing before a Judge of a Family Court.
(2)
The date fixed must be:
(a)
as soon as possible after the date of filing; and
(b)
if practicable, within 14 days after the date of filing.
Note: Under subrule 9.08(1), a Response to an Initiating Application (Family Law) must be filed at least 7 days before the date fixed for the hearing of the application.

4.12Procedure on first court date

On the first court date for a Medical Procedure Application, the court must:
(a)
make procedural orders for the conduct of the case and adjourn the case to a fixed date of hearing; or
(b)
hear and determine the application.

Division 4.2.4Spousal or de facto maintenance

Note: Applications should not be made under this Division unless an associated matter is pending in the court or filing with the Federal Circuit Court is not available. Under section 33B of the Family Law Act 1975, the Family Court may transfer the proceeding to the Federal Circuit Court without notice to the parties.

4.14Procedure on first court date

(1)
On the first court date for an Application for spousal or de facto maintenance, the Registrar must, if practicable, conduct a case assessment conference.
(2)
If the case is not resolved at the case assessment conference, the Registrar may make orders for the conduct of the case, including the exchange of affidavits between the parties and the listing of the case for hearing.

4.15Evidence to be provided

(1)
On the first court date and the hearing date of an Application for spousal or de facto maintenance, each party must bring to the court the following documents:
(a)
a copy of the party’s taxation returns for the 3 most recent financial years;
(b)
the party’s taxation assessments for the 3 most recent financial years;
(c)
the party’s bank records for the period of 3 years ending on the date on which the application was filed;
(d)
if the party receives wages or salary payments—the party’s payslips for the past 12 months;
(e)
if the party owns or controls a business, either as sole trader, partnership or a company—the business activity statements and the financial statements (including profit and loss statements and balance sheets) for the 3 most recent financial years of the business; and
(f)
any other document relevant to determining the income, needs and financial resources of the party.
Note 1: Documents that may need to be produced under paragraph (f) include documents setting out the details mentioned in rule 13.04.
Note 2: For modification of a spousal maintenance order, see section 83 of the Act. For modification of a de facto maintenance order, see section 90SI of the Act.
(2)
Before the hearing date, a party must produce the documents mentioned in subrule (1) for inspection, if the other party to the proceedings makes a written request for their production.
(3)
If a request is made under subrule (2), the documents must be produced within 7 working days of the request being received

Division 4.2.5Child support and child maintenance

Overview of proceedings to which this Division applies

Child support

Applications may be made under the following provisions of the Child Support (Assessment) Act 1989:

· subsection 95(6) or section 136 about a child support agreement that has been accepted by the Registrar
· sections 106A and 107 about who is or who is not the parent of the child
· section 111 seeking a departure from administrative assessment backdated over 18 months and up to 7 years
· section 118 for departure from administrative assessment as follows:
· if the Child Support Registrar has refused to determine the departure application because the issues are too complex (sections 98E and 98R);
· if the court has a discretion to determine the application because there is another application pending before the court and the court is satisfied that special circumstances exist to enable it to determine both applications (section 116);
· if there is a minimum administrative assessment (paragraph 116(1)(c))
· section 123 for lump sum or non periodic payments of child support
· section 129 to vary a prior order for lump sum or non periodic child support
· section 139 seeking urgent maintenance after an application has been made for administrative assessment of child support, but has yet to be determined
· section 143 for recovery of child support paid when a person is not liable to pay child support
Note: Applications should not be made under this Division unless an associated matter is pending in the court or filing with the Federal Circuit Court is not available. Under section 33B of the Family Law Act 1975, the Family Court may transfer the proceeding to the Federal Circuit Court without notice to the parties.

Applications may be made under the section 111C of the Child Support (Registration and Collection) Act 1988 for an order staying (suspending) the operation of the Act and the Child Support (Assessment) Act 1989, until the finalisation of court proceedings.

Child maintenance

Applications may be made for child maintenance under Division 7 of Part VII of the Family Law Act in relation to children to whom the child support scheme does not apply. Applications may also be made under Parts III and IV of the Family Law Regulations.

4.16Application of Division 4.2.5

This Division applies to:
(a)
an application under the Assessment Act, other than an application for leave to appeal from an order of a court exercising jurisdiction under the Assessment Act;
(ba)
an application under section 111C of the Registration Act;
(c)
an application under Division 7 of Part VII of the Family Law Act; and
(e)
an application under Parts III and IV of the Family Law Regulations.
Note 1: Chapter 2 provides for the form to be used to make an Initiating Application (Family Law) and the documents to be filed with that form.
Note 2: Chapter 22 sets out the procedure for appealing from a decision of a court.
Note 3: The Assessment Act provides that the parties to a child support application should be the liable parent and the eligible carer. The Child Support Registrar does not need to be joined as a party but, after being served with a copy of the application, may intervene in the case.

4.17Commencing proceedings

An application under this Part must be made in accordance with an Initiating Application (Family Law).

4.18Documents to be filed with applications

(1)
A person must file with an application mentioned in an item of Table 4.1, the documents mentioned in the item.

Table 4.1Documents to file with applications

Item	Application	Documents to be filed with application
1	All applications for child support	An affidavit setting out the facts relied on in support of the application, attaching: (a) a schedule setting out the section of the Assessment Act or Registration Act under which the application is made; (b) a copy of any decision, notice of decision or assessment made by the Child Support Registrar relevant to the application and statement of reasons for that decision; and (c) a copy of any document lodged by a party with the Child Support Registrar, or received by a party from the Child Support Registrar, relevant to the decision or assessment
2	Application under section 111, 116, 123, 129, 136, 139 and 143 of the Assessment Act and 111C of the Registration Act	An affidavit setting out the facts relied on in support of the application, attaching: (a) the documents mentioned in this column in item 1; (b) a completed Financial Statement; (c) a copy of any relevant order or agreement
3	All applications for child maintenance	A completed Financial Statement

Note: The documents required to be filed with an application under this rule are in addition to the documents required to be filed under rule 2.02.
(2)
For paragraph (c) of item 1 of Table 4.1, if the applicant does not have a copy of a document lodged by the other party with the Child Support Agency, the applicant may file the summary of the document prepared by the Child Support Agency.

4.19Child support agreements

A person who makes an application in relation to a child support agreement must register a copy of the agreement with the court by filing one of the following:
(a)
an affidavit attaching the original agreement;
(b)
an affidavit attaching a copy of the agreement and stating that the copy is a true copy of the original agreement;
(c)
an affidavit stating that the original agreement has been lost and the steps taken to locate the agreement, and attaching a copy of a document received from the Child Support Registrar setting out the terms of the agreement as registered by the Child Support Agency.

4.20Time limits for applications under Assessment Act

A person must file an application for a declaration under subsection 106A(2) or 107(1) of the Assessment Act within 56 days after being served with a notice given under section 33 or 34 of that Act.
Note 1: A person may apply for an extension of time to file after the time limit mentioned in this rule by filing an Initiating Application (Family Law) or an Application in a Case and an affidavit (see rules 1.14 and 5.01).
Note 2: For information about when a document is taken to be served, see rule 7.17.

4.23Service of application

(1)
The persons to be served with an application under this Part are:
(a)
each respondent;
(b)
a parent or eligible carer of the child in relation to whom the application is made;
(c)
the Child Support Registrar.
(2)
Except for an application for an order staying a decision or an urgent order for child maintenance, an application must be served at least 28 days before the hearing date.
(4)
Any documents on which the applicant intends to rely must be served on the persons mentioned in subrule (1) at least 21 days before the hearing date.

4.24Service by Child Support Registrar

For rule 4.20, if the Child Support Registrar serves a document on a person under the Assessment Act, the document is taken to have been served on the person on the day specified in rule 7.17.

4.25Procedure on first court date

(1)
On the first court date of a child maintenance application or a child support application, the Registrar must, if practicable, conduct a case assessment conference.
Note: The Registry Manager fixes the first court date (see rule 4.03).
(2)
If the application is not resolved on the first court date, the Registrar may make orders for the future conduct of the case, including the exchange of affidavits between the parties and the listing of the case for hearing.

4.26Evidence to be provided

(1)
This rule applies to a child support application under section 111, 116, 123, 129, 136, 139 or 143 of the Assessment Act or section 111C of the Registration Act, or a child maintenance application.
(2)
On the first court date and the hearing date of the application, each party must bring to the court the following documents:
(a)
a copy of the party’s taxation returns for the 3 most recent financial years;
(b)
the party’s taxation assessments for the 3 most recent financial years;
(c)
the party’s bank records for the period of 3 years ending on the date on which the application was filed;
(d)
if the party receives wages or salary payments—the party’s payslips for the past 12 months;
(e)
if the party owns or controls a business, either as sole trader, partnership or a company—the business activity statements and the financial statements (including profit and loss statements and balance sheets) for the 3 most recent financial years of the business; and
(f)
any other document relevant to determining the income, needs and financial resources of the party.
Note 1: Documents that may need to be produced under paragraph (f) include documents setting out the details mentioned in rule 13.04.
Note 2: For variation of a maintenance order, see subsection 66S(3) of the Act.
(3)
Before the hearing date, a party must produce the documents mentioned in subrule (2) for inspection, if the other party to the proceedings makes a written request for their production.
(4)
If a request is made under subrule (3), the documents must be produced within 7 working days of the request being received.

Division 4.2.6Nullity and validity of marriage and divorce4.27Application of Division 4.2.6

This Division applies to the following applications:
(a)
an application for an order that a marriage is a nullity;
(b)
an application for a declaration as to the validity of a marriage;

(c)
an application for a declaration as to the validity of a divorce or annulment of marriage.
Note: Chapter 2 provides for the form to be used to make an Initiating Application (Family Law) and the documents to be filed with that application.

4.28Fixing hearing date

(1)
On the filing of an application under this Division, the Registry Manager must fix a date for the hearing of the application.
(2)
The date fixed must be:
(a)
if the respondent is in Australia—at least 42 days after the application is filed; or
(b)
if the respondent is outside Australia—at least 56 days after the application is filed.

4.29Affidavit to be filed with application

An applicant must file with the application an affidavit stating:
(a)
the facts relied on;
(b)
for an application for an order that a marriage is a nullity or a declaration as to the validity of a marriage—details of the type of marriage ceremony performed; and
(c)
for an application for a declaration as to the validity of a divorce or annulment of marriage:
(i)
the date of the divorce or order of nullity;
(ii)
the name of the court that granted the divorce or order of nullity; and
(iii)
the grounds on which the divorce or order of nullity was ordered.

Division 4.2.7Applications relating to passports4.30Application relating to passport

A party seeking only an order that relates to a passport must file an Initiating Application (Family Law) and an affidavit stating the facts relied on.
Note: An application under this rule includes an application under section 67ZD, 68B or 114 of the Act. See also section 7A of the Passports Act 1938.

4.31Fixing hearing date

On the filing of an application referred to in rule 4.30, the Registry Manager must fix a date for hearing that is as soon as practicable after the date when the application was filed.

Division 4.2.8Children born under surrogacy arrangements4.32Application of Division 4.2.8

This Division applies to an application for a parenting order in relation to a child who was born under a surrogacy arrangement.
Note: See also section 60HB of the Act in relation to children born under surrogacy arrangements.

4.33Evidence supporting application – general

(1)
The evidence in support of an application to which this Division applies must include the evidence, and establish the matters, mentioned in rules 4.34 to 4.36.
(2)
The evidence may be given:
(a)
in the form of an affidavit; or
(b)
with the court’s permission, orally.

4.34Evidence from applicant and surrogate mother

(1)
The evidence must include a copy of the surrogacy agreement (if any), however described.
(2)
The evidence must include evidence from the applicant that establishes the applicant’s personal circumstances, including those personal circumstances:
(a)
at the time the surrogacy procedure took place; and
(b)
in the period immediately before the surrogacy arrangement was entered into; and
(c)
in the period immediately before conception; and
(d)
in the period immediately after the birth of the child and during subsequent arrangements for the care of the child.
Note: If several applicants jointly file an application for a parenting order to which this Division applies, each applicant must file an affidavit that establishes the matters mentioned in paragraphs (2)(a) and (b).
(3)
The evidence must include evidence from the surrogate mother that establishes the surrogate mother’s personal circumstances, including those personal circumstances:
(a)
at the time the surrogacy procedure took place; and
(b)
in the period immediately before the surrogacy arrangement was entered into; and
(c)
in the period immediately before conception; and
(d)
in the period immediately after the birth of the child and during subsequent arrangements for the care of the child.
(4)
The evidence must include evidence from the surrogate mother as to the following:
(a)
whether the surrogacy arrangement was made with her informed consent;
(b)
whether she received counselling before entering into the surrogacy arrangement;
(c)
whether she received any legal advice before entering into the surrogacy arrangement.

4.35Evidence about child’s identity

The evidence must include evidence regarding the identity of the child, including the following:
(a)
evidence regarding the surrogacy arrangement entered into between:
(i)
the applicant and the surrogate mother; or
(ii)
the applicant and the clinic (if any) at which the surrogacy procedure was performed; or
(iii)
the applicant, the surrogate mother and the clinic (if any);
(b)
a certified copy of the child’s birth certificate;
(c)
a report, prepared in accordance with regulation 21M of the Regulations, relating to the information obtained as a result of carrying out a parentage testing procedure;
(d)
if the child is an Australian citizen:
(i)
a certified copy of the child’s Australian citizenship certificate; or
(ii)
if the child’s name is mentioned on an Australian citizenship certificate issued to one of the child’s parents—a certified copy of the parent’s Australian citizenship certificate;
(e)
if an order of the kind referred to in subsection 60HB(1) of the Act has been made in relation to the child—a copy of the order.

4.36Evidence about relevant law in child’s birth country

The evidence must include evidence regarding the law in the country where the child was born in relation to:
(a)
surrogacy arrangements; and
(b)
the rights of the surrogate mother in relation to the child; and
(c)
the rights of the surrogate mother’s husband (if any) or de facto partner (if any) in relation to the child.

4.37Procedure on first hearing date

On the first court date for an application for a parenting order to which this Division applies, the court must:
(a)
make procedural orders for the conduct of the case; and
(b)
consider whether to make an order under section 68L of the Act that the child’s interests in the proceedings are to be independently represented by a lawyer; and
(c)
consider whether to direct a family consultant:
(i)
to prepare a family report; or
(ii)
to carry out other tasks, having regard to the functions of family consultants set out in section 11A of the Act; and
(d)
consider whether a condition mentioned in paragraph 65G(2)(a) or (b) of the Act has been met in relation to the parenting order.

Chapter 5Applications for interim, procedural, ancillary or other incidental orders

Summary of Chapter 5

Chapter 5 sets out the procedure for making an application for interim, procedural, ancillary, or other incidental orders. You may also need to refer to other Chapters in these Rules when making an Application, in particular, Chapters 2, 4, 7 and 24.

The rules in Chapter 1 relating to the court’s general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

Part 5.1General 5.01Restrictions in relation to applications

(1)
A party may apply for an interim, procedural, ancillary or other incidental 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: A reference to application includes a reference to cross‑application (see the dictionary).
(2)
A party may apply for an interim, procedural, ancillary or other incidental 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 an Application in a Case by:
(a)
an independent children’s lawyer;
(b)
the Director of Public Prosecutions, when making an application under section 79C, 79D, 90N, 90P, 90VB or 90VC of the Act, to stay or lift a stay of a property settlement or spousal or de facto maintenance case;
(c)
a bankruptcy trustee; or
(d)
a trustee of a personal insolvency agreement.
(4A)
This rule does not apply to restrict the filing of an application for an order in relation to an arbitration by a party to the arbitration or an arbitrator conducting the arbitration.
(5)
If a party applies for an interim, procedural, ancillary or other order at the start of a case, the application must be in an Initiating Application (Family Law).
(6)
If a party applies for an interim, procedural, ancillary or other order after a case has commenced, the application must be in an Application in a Case.
Note 1: An Application in a Case is used to make:
(a) an Application for review of a Judicial Registrar’s or Registrar’s order (see Chapter 18); and
(b) an Application to enforce an obligation to pay money or to enforce a parenting order (see Chapter 20 and rule 21.01).
Note 2: A party may ask for a procedural order orally (see paragraph (h) of item 3 of Table 11.1).

5.01AFiling of applications seeking parenting orders during the Christmas school holiday period

(1)
This rule applies to an application for a parenting order relating in whole or part to the school holiday period beginning in December in a year (the application year) and extending to January in the following year.
(2)
The application must be filed before 4.00 pm on the second Friday in November of the application year.
Note: Except in cases of urgency (where the usual criteria for an urgent hearing will apply), an application filed after the deadline under subrule (2) will be allocated the next available date in the usual way. That date may be after Christmas. In other words, if the deadline has passed, the fact that an application relates to the school holiday period will not of itself justify a listing before Christmas. In urgent cases, applications to abridge times and to list a matter on short notice can be made to the Registry.

5.02Evidence in applications to which Chapter 5 applies

(1)
A party who applies for an interim, procedural, ancillary or other incidental order in an Initiating Application (Family Law), or who files an Application in a Case, must at the same time file an affidavit stating the facts relied on in support of the orders sought.
(2)
Subrule (1) does not apply to an Application in a Case in which a review of the order of a Judicial Registrar or Registrar is sought.
Note: Some rules require that the affidavit filed with the Application address specific factors (see, for example, rule 5.12).

5.03Procedure before filing

(1)
Before filing an application seeking interim, procedural, ancillary or other incidental orders, a party must make a reasonable and genuine attempt to settle the issue to which the application relates.
(2)
An applicant does not have to comply with subrule (1) if:
(a)
compliance will cause undue delay or expense;
(b)
the applicant would be unduly prejudiced;
(c)
the application is urgent; or
(d)
there are circumstances in which an application is necessary (for example, if there is an allegation of child abuse, family violence or fraud).
Note: The court may take into account a party’s failure to comply with subrule (1) when considering any order for costs (see subsections 117(2) and (2A) of the Act).

5.05Fixing a date for hearing or case assessment conference

(1)
On the filing of an Application in a Case, or an Initiating Application (Family Law) in which application is made for interim, procedural, ancillary or other orders, the Registry Manager must fix a date for a hearing, procedural hearing or case assessment conference on a date that is as near as practicable to 28 days after the application was filed.
(2)
An application in which the only orders sought are procedural orders must be listed for a hearing on the first court date.
(3)
If an Application in a Case is filed after another related application, the Application in a Case may be listed for the same first court date as the related application if a Registrar considers it to be reasonable in the circumstances.
Note: If an Initiating Application (Family Law) seeks interim, procedural, ancillary or other incidental orders, and an earlier date is fixed for the hearing of the application under subrule 5.05(4), the Application to the extent that it concerns final orders must be dealt with on the same court date (see subrule 4.03).
(4)
The Registry Manager may fix an earlier date for the hearing of an Application in a Case, or an Initiating Application (Family Law) in which application is made for interim, procedural, ancillary or other incidental orders, if a Registrar is satisfied that:
(a)
the reason for the urgency is significant and credible; and
(b)
there is a harm that will be avoided, remedied or mitigated by hearing the application earlier.
Note: The court may order costs against a party who has unreasonably had a matter listed for urgent hearing.
(5)
If a date for a hearing is fixed, the application must, as far as practicable, be heard by the court on that day.

5.06Attendance by electronic communication

(1)
A party may request permission to do any of the following things by electronic communication at a hearing:
(a)
attend;
(b)
make a submission;
(c)
give evidence;
(d)
adduce evidence from a witness.
(2)
Before making a request, the party must ask any other party whether the other party agrees, or objects, to the use of electronic communication for the purpose proposed by the party.
(3)
A request must:
(a)
be in writing;
(b)
be made at least 7 days before the date fixed for the hearing;
(c)
set out the information required under subrule 16.05(3);
(d)
set out details of the notice in relation to the request that has been given to any other party;
(e)
state whether any other party agrees or objects to the request; and
(f)
state the expense to be incurred by using the electronic communication.
(4)
A request may be considered in chambers, on the documents.
(5)
The court may take the following matters into account when considering a request:
(a)
the distance between the party’s residence and the place where the court is to sit;
(b)
any difficulty the party has in attending because of illness or disability;
(c)
the expense associated with attending;
(d)
the expense to be incurred, or the savings to be made, by using the electronic communication;
(e)
any concerns about security, including family violence and intimidation;
(f)
whether any other party objects to the request.
(6)
If the court grants the request, the court may:
(a)
order a party to pay the expense of using the electronic communication; or
(b)
apportion the expense between the parties.
(7)
If a request is granted, the party who made the request must immediately give written notice to the other parties.

5.07Attendance of party or witness in prison

(1)
A party who is in prison must attend at a hearing by electronic communication.
(2)
A party who intends to adduce evidence from a witness in prison must:
(a)
arrange for the witness to attend and give evidence at the hearing by electronic communication; and
(b)
advise the court and the other parties about that arrangement at least 2 days before the date fixed for the hearing.
(3)
A party may seek permission from the court for a party or witness who is in prison to attend the hearing in person.
Example: A party may apply for an order under subrule (3) if a prison or court has no facilities for the hearing to proceed by electronic communication.
(4)
A request under subrule (3) must:
(a)
be in writing;
(b)
be made at least 7 days before the date fixed for the hearing;
(c)
set out the reasons why permission should be granted; and
(d)
inform the court whether the other party objects to the request.
(5)
Subrules 5.06(4) and (7) apply to a request under this rule.

Part 5.2—Hearinginterim and procedural applications 5.08Interim orders – matters to be considered

When considering whether to make an interim order, the court may take into account:
(a)
in a parenting case—the best interests of the child (see section 60CC of the Act);
(b)
whether there are reasonable grounds for making the order;
(c)
whether, for reasons of hardship, family violence, prejudice to the parties or the children, the order is necessary;
(d)
the main purpose of these Rules (see rule 1.04); and
(e)
whether the parties would benefit from participating in one of the dispute resolution methods.

5.09Affidavits

The following affidavits may be relied on as evidence in chief at the hearing of an interim or procedural application:
(a)
subject to rule 9.07, one affidavit by each party;
(b)
one affidavit by each witness, provided the evidence is relevant and cannot be given by a party.

5.10Hearing time of interim or procedural application

(1)
The hearing of an interim or procedural application must be no longer than 2 hours.
(2)
Cross‑examination will be allowed at a hearing only in exceptional circumstances.

5.11Party’s failure to attend

(1)
If a party does not attend when a hearing starts, the other party may seek the orders sought in that party’s application, including (if necessary) adducing evidence to establish an entitlement to the orders sought against the party not attending.
(2)
If no party attends the hearing, the court may dismiss the application and response, if any.
Note: A reference to application includes a reference to cross‑application (see the dictionary).

Part 5.3Application without notice 5.12Application without notice

An applicant seeking that an interim 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).

5.13Necessary procedural orders

If the court makes an order on application without notice, the order must be expressed to operate:
(a)
until a time specified in the order; or
(b)
if the hearing of the application is adjourned—until the date of the hearing.

Part 5.4Hearing on papers in absence of parties 5.14Request for hearing in absence of parties

A party applying for an interim order, enforcement order or procedural order may, in the application, ask the court to determine the application in the absence of the parties.
Note: This Part also applies to an Application in an Appeal (see rule 22.45).

5.15Objection to hearing in absence of parties

If a respondent objects to an application being determined by the court in the absence of the parties:
(a)
the respondent must notify the court and the other party, in writing, of the objection at least 7 days before the date fixed for the hearing; and
(b)
the parties must attend on the first court date for the application.
Note: A notice under this rule must comply with rule 24.01.

5.16Court decision to not proceed in absence of parties

Despite parties consenting to a hearing being held in their absence, the court may postpone or adjourn the application and direct the Registry Manager:
(a)
to fix a new date for hearing the application; and
(b)
to notify the parties that they are required to attend court for the hearing.

5.17Procedure in hearing in absence of parties

renum No 33, 2009
am No 177, 2006
r 15.03 (prev r 15.02)...................		renum No 33, 2009
r 15.03.......................................		am No 177, 2006; No 207, 2007
rep No 238, 2010
r 15.04.......................................		rep 2006 No 177
ad 2009 No 33
am 2011 No 15
Part 15.2
r 15.05.......................................		rs 2009 No 33
r 15.06.......................................		rs 2009 No 33
r 15.07.......................................		am 2004 No 351; 2005 No 212; 2007 No 207
rep 2009 No 33
r 15.08.......................................		am F2018L00105
r 15.09.......................................		am 2005 No 212
r 15.11.......................................		rep 2012 No 95
r 15.12.......................................		rs 2006 No 177
am 2007 No 207; 2012 No 95
rep F2018L00105
r 15.13.......................................		am 2006 No 177
r 15.14.......................................		am 2009 No 33
Part 15.3
Division 15.3.1
r 15.16.......................................		am No 255, 2015
r 15.17.......................................		am 2007 No 207
rs 2009 No 33
am 2012 No 331; No 255, 2015
r 15.19.......................................		am 2005 No 212; 2007 No 207
rep 2009 No 33
r 15.21.......................................		am 2005 No 212; 2006 No 177; 2007 No 207
rs 2009 No 33
am 2009 No 33
r 15.22.......................................		rs No 255, 2015
am F2016L01863
r 15.24.......................................		am No 255, 2015
r 15.26.......................................		am 2012 No 95
rs No 255, 2015
Division 15.3.2
r 15.27.......................................		am No 255, 2015
r 15.28.......................................		am 2006 No 177
rep No 255, 2015
r 15.29.......................................		am No 351, 2004; No 177, 2006; No 238, 2010; No 255, 2015; F2018L00105
r 15.30.......................................		am 2004 No 53
rs 2006 No 177
am 2007 No 207
rs No 255, 2015
am F2016L01863
r 15.31.......................................		am 2006 No 177; 2007 No 207
rs No 255, 2015
r 15.33.......................................		rep 2012 No 95
r 15.35.......................................		am 2004 No 351; F2016L01863
Division 15.3.4...........................		ad No 393, 2009
rep No 213, 2014
r 15.36A.....................................		ad No 393, 2009
rep No 213, 2014
r 15.36B.....................................		ad No 393, 2009
rep No 213, 2014
r 15.36C.....................................		ad No 393, 2009
rep No 213, 2014
r 15.36D.....................................		ad No 393, 2009
rep No 213, 2014
r 15.36E.....................................		ad No 393, 2009
rep No 213, 2014
r 15.36F.....................................		ad No 393, 2009
rep No 213, 2014
r 15.36G.....................................		ad No 393, 2009
rep No 213, 2014
r 15.36H.....................................		ad No 393, 2009
rs No 238, 2010
rep No 213, 2014
r 15.36I......................................		ad No 393, 2009
rep No 213, 2014
r 15.36J......................................		ad No 393, 2009
rep No 213, 2014
Part 15.4
r 15.37.......................................		am 2005 No 212
r 15.38.......................................		am 2007 No 207; 2009 No 33
r 15.39.......................................		am 2006 No 177
Part 15.5
Division 15.5.1
r 15.41.......................................		rs 2004 No 351
am 2006 No 177
r 15.43.......................................		am 2004 No 351
rs 2011 No 286
r 15.44.......................................		am No 177, 2006
Division 15.5.2
r 15.47.......................................		am No 351, 2004; No 393, 2009; No 238, 2010
r 15.49.......................................		am 2004 No 351
Division 15.5.3
r 15.51.......................................		am 2006 No 177
r 15.52.......................................		am 2007 No 207
Division 15.5.4
r 15.54.......................................		am 2004 No 351; 2006 No 177; 2010 No 238; 2011 No 15
r 15.55.......................................		am 2009 No 33
r 15.58.......................................		am 2006 No 177
Division 15.5.5
r 15.60.......................................		am 2010 No 238
r 15.62.......................................		am 2004 No 351
Division 15.5.6
Division 15.5.6...........................		rs 2007 No 207
r 15.64A.....................................		ad 2007 No 207
r 15.64B.....................................		ad 2007 No 207
r 15.65.......................................		rs 2007 No 207
r 15.66.......................................		rs 2007 No 207
r 15.67.......................................		rs 2007 No 207
r 15.67A.....................................		ad 2007 No 207
Division 15.5.7
r 15.69.......................................		am 2004 No 351; 2009 No 33
Part 15.6
r 15.73.......................................		am F2016L01863
r 15.74.......................................		am 2006 No 177
r 15.77.......................................		ad 2009 No 33
am F2016L01863
Chapter 16
Chapter 16..................................		am No 177, 2006; No 33, 2009
Part 16.1
r 16.01.......................................		rs 2009 No 33
r 16.02.......................................		rs 2009 No 33
r 16.03.......................................		rs 2009 No 33
Part 16.2
r 16.04.......................................		rs 2009 No 33
am F2016L01863
r 16.05.......................................		rs 2009 No 33
r 16.06.......................................		am 2006 No 177
rs 2009 No 33
am No 213, 2014
r 16.07.......................................		am 2006 No 177
rs 2009 No 33
Part 16.3
Part 16.3.....................................		rs F2016L01863
r 16.08.......................................		am 2004 No 351; 2006 No 177
rs 2009 No 33; F2016L01863
r 16.09.......................................		am 2006 No 177
rs 2009 No 33; F2016L01863
r 16.10.......................................		rs 2009 No 33; F2016L01863
Part 16.4.....................................		rep F2016L01863
r 16.11.......................................		rs 2009 No 33
rep F2016L01863
r 16.12.......................................		rs 2009 No 33
rep F2016L01863
r 16.13.......................................		ad 2009 No 33
rep F2016L01863
Part 16.5.....................................		rep F2016L01863
r 16.14.......................................		ad 2009 No 33
rep F2016L01863
Chapter 16A
Chapter 16A...............................		ad 2006 No 177
Part 16A.1
r 16A.01.....................................		ad 2006 No 177
am F2016L01863
r 16A.02.....................................		ad 2006 No 177
r 16A.03.....................................		ad 2006 No 177
r 16A.04.....................................		ad 2006 No 177
am 2009 No 33
Part 16A.2
r 16A.05.....................................		ad 2006 No 177
r 16A.06.....................................		ad 2006 No 177
am 2009 No 33
r 16A.07.....................................		ad 2006 No 177
rep 2009 No 33
r 16A.08.....................................		ad 2006 No 177
rep 2009 No 33
r 16A.09.....................................		ad 2006 No 177
rep 2009 No 33
r 16A.10.....................................		ad 2006 No 177
am 2006 No 177; 2009 No 33
Chapter 17
Chapter 17 heading......................		rs F2018L00105
Chapter 17..................................		am F2018L00105
Part 17.1
Part 17.1 heading........................		ad F2018L00105
r 17.01.......................................		am 2011 No 15; No 255, 2015
r 17.01A.....................................		ad No 255, 2015
r 17.01B.....................................		ad No 255, 2015
r 17.02.......................................		rs No 255, 2015
r 17.02A.....................................		ad No 255, 2015
r 17.03.......................................		am 2004 No 351; 2006 No 177; 2007 No 366; 2008 No 62
rs 2010 No 238
am No 213, 2014
Part 17.2
Part 17.2.....................................		ad F2018L00105
r 17.06.......................................		ad F2018L00105
Chapter 18
Chapter 18..................................		am No 177, 2006
Part 18.1
Division 18.1.1
r 18.01A.....................................		ad 2006 No 177
am 2009 No 33; F2016L01863
Division 18.1.2
r 18.02.......................................		am 2004 No 351; 2005 No 212; 2006 No 177; 2009 No 33; 2010 No 238; No 255, 2015
Division 18.1.3
r 18.04.......................................		am F2016L01863
r 18.05.......................................		am No 351, 2004; No 212, 2005; No 177, 2006; No 207, 2007; No 366, 2007; No 33, 2009; No 393, 2009; 2010 No 238; No 286, 2011; No 331, 2012; F2020L01220
r 18.06.......................................		am No 351, 2004; No 212, 2005; No 177, 2006; No 207, 2007; No 62, 2008; No 245, 2008; No 33, 2009; No 238, 2010; No 95, 2012; No 286, 2011; No 331, 2012; No 213, 2014; No 255, 2015; F2016L01863; F2018L00105; F2020L01220
Part 18.2
r 18.07.......................................		am No 207, 2007; No 393, 2009
r 18.08.......................................		am 2005 No 212; 2007 No 207; 2011 No 286; F2020L01220
r 18.09.......................................		am 2005 No 212
Chapter 19
Chapter 19 heading......................		rs No 62, 2008
Chapter 19..................................		am No 212, 2005; No 62, 2008; No 245, 2008
Part 19.1
r 19.01.......................................		am 2005 No 212; 2007 No 207; 2008 No 62; 2011 No 286
Part 19.2
Part 19.1A heading......................		ad No 62, 2008
Part 19.2 (prev Part 19.1A)...........		renum No 62, 2008
r 19.03.......................................		am 2004 No 351
rs 2008 No 62
r 19.04.......................................		am 2004 No 351; 2006 No 177; 2009 No 33; F2016L01863
Part 19.3
Part 19.3 (prev Part 19.2).............		renum No 62, 2008
r 19.05.......................................		am 2009 No 33
Part 19.4
Part 19.4 (prev Part 19.3).............		renum 2008 No 62
r 19.08.......................................		am No 207, 2007; No 331, 2012
Part 19.4.....................................		rep 2008 No 62
r 19.12.......................................		rep 2008 No 62
r 19.13.......................................		am 2007 No 207
rep 2008 No 62
r 19.14.......................................		rep 2008 No 62
r 19.15.......................................		rep 2008 No 62
r 19.16.......................................		rep 2008 No 62
r 19.17.......................................		rep 2008 No 62
Part 19.5
Part 19.5.....................................		rs 2004 No 351
r 19.18.......................................		rs 2004 No 351
am 2006 No 177; 2007 No 207; 2008 No 62
rs 2008 No 245
r 19.19.......................................		rs 2004 No 351
am 2007 No 207; 2008 No 62
rs 2008 No 245
r 19.20.......................................		am 2008 No 62
Part 19.6
Division 19.6.1
r 19.21.......................................		am 2007 No 207; 2008 No 62; No 255, 2015
r 19.23.......................................		am 2007 No 207
r 19.24.......................................		am 2004 No 351; 2007 No 207
r 19.25.......................................		am 2007 No 207
Division 19.6.2
r 19.26.......................................		am No 351, 2004; No 207, 2007
r 19.27.......................................		am 2007 No 207
r 19.31.......................................		am F2018L00105
r 19.32.......................................		am 2007 No 207; 2008 No 245; F2018L00105
r 19.34.......................................		am 2008 No 62
r 19.36.......................................		am 2007 No 207
r 19.37.......................................		am 2007 No 207; F2018L00105
r 19.38.......................................		am F2018L00105
Part 19.7
r 19.39.......................................		rep 2008 No 62
r 19.40.......................................		rs 2008 No 62
am 2009 No 33
r 19.41.......................................		am No 207, 2007; No 255, 2015; F2016L01863; F2018L00105; F2020L01361
r 19.45.......................................		am No 62, 2008
r 19.47.......................................		rep 2004 No 351
r 19.48.......................................		rep 2004 No 351
r 19.53.......................................		rep 2008 No 62
Part 19.8
r 19.54.......................................		am 2007 No 207
r 19.55.......................................		am 2007 No 207
r 19.56.......................................		am 2007 No 207; 2008 No 245
Chapter 20
Part 20.1
r 20.01.......................................		am 2006 No 177; 2008 No 62; 2009 No 33
r 20.02.......................................		am 2011 No 286
r 20.03.......................................		am 2007 No 207
r 20.04.......................................		am No 207, 2007; No 213, 2014
r 20.05.......................................		rs 2004 No 351
r 20.06.......................................		am No 35, 2004; No 351, 2004; 2007 No 207
r 20.07.......................................		am 2007 No 207
r 20.08.......................................		am 2004 No 351; 2005 No 212
r 20.09.......................................		am No 207, 2007
Part 20.2
Division 20.2.1
r 20.10.......................................		am 2007 No 207
Division 20.2.2
r 20.11.......................................		am No 351, 2004; No 207, 2007; F2016L01863
r 20.12.......................................		am 2007 No 207
r 20.14.......................................		am 2007 No 207
Part 20.3
Division 20.3.1
r 20.15.......................................		am 2004 No 351; 2011 No 286
r 20.16.......................................		am 2004 No 351; 2007 No 207
r 20.18.......................................		am 2004 No 53, 2004; No 351, 2004
r 20.21.......................................		am 2004 No 351
r 20.21A.....................................		ad 2004 No 351
r 20.21B.....................................		ad 2004 No 351
r 20.22.......................................		rs 2004 No 351
r 20.23.......................................		am No 351, 2004; No 177, 2006
r 20.24.......................................		am No 351, 2004; No 207, 2007
Division 20.3.2
r 20.28.......................................		am No 207, 2007
r 20.29.......................................		am No 351, 2004
Part 20.4
r 20.31.......................................		am 2007 No 207
r 20.32.......................................		am 2004 No 351; 2007 No 207
r 20.33.......................................		am 2007 No 207; F2016L01863
r 20.34.......................................		am 2007 No 207
r 20.35.......................................		am 2007 No 207
r 20.36.......................................		am 2007 No 207
r 20.37.......................................		am 2007 No 207
r 20.38.......................................		am 2007 No 207
r 20.39.......................................		am 2007 No 207
r 20.40.......................................		am 2007 No 207
r 20.41.......................................		am 2007 No 207
Part 20.5
r 20.42.......................................		am No 351, 2004; No 207, 2007
r 20.43.......................................		am No 351, 2004
r 20.43.......................................		am No 351, 2004
r 20.44.......................................		am No 207, 2007
Part 20.6
r 20.46.......................................		am No 351, 2004; No 207, 2007
r 20.47.......................................		am No 351, 2004
Part 20.7
Part 20.7 heading........................		rs 2004 No 351
r 20.53.......................................		am 2007 No 207
r 20.56.......................................		am 2004 No 351
Part 20.8
r 20.60.......................................		ad 2004 No 351
Chapter 21
Chapter 21..................................		am 2005 No 212, 2005; No 177, 2006; No 207, 2007; No 213, 2014
Part 21.1
r 21.01.......................................		am No 212, 2005; No 177, 2006; No 207, 2007
r 21.02.......................................		am 2004 No 351; 2005 No 212; 2006 No 177; 2007 No 207; 2012 No 331
r 21.06.......................................		rs 2004 No 351
am 2005 No 212
r 21.07.......................................		am 2004 No 351; 2005 No 212
r 21.08.......................................		am No 351, 2004; No 212, 2005; No 177, 2006
Part 21.2
r 21.09.......................................		am 2006 No 177
r 21.10.......................................		am 2006 No 177
Part 21.3
r 21.11.......................................		am No 177, 2006
r 21.12.......................................		am No 207, 2007
Part 21.4
r 21.16.......................................		am 2004 No 351; 2005 No 212
r 21.17.......................................		am 2004 No 351
Chapter 22
Chapter 22..................................		rs 2008 No 245
Part 22.1
Part 22.1.....................................		rs 2008 No 245
r 22.01.......................................		am 2006 No 177
rs 2008 No 245
am No 213, 2014; F2018L00105
Part 22.2
Part 22.2.....................................		rs 2008 No 245
am No 212, 2005; No 177, 2006; No 245, 2008; No 213, 2014
r 22.02.......................................		am 2006 No 177; 2007 No 207
rs 2008 No 245
am No 213, 2014
rep 2008 No 245
r 22.03.......................................		rs 2006 No 177
am 2007 No 207; 2008 No 62
rs 2008 No 245
r 22.04.......................................		am 2007 No 207
rs 2008 No 245
r 22.05.......................................		am 2006 No 177; 2007 No 207
rs 2008 No 245
r 22.06.......................................		am 2007 No 207
rs 2008 No 245
r 22.07.......................................		am 2006 No 177; 2007 No 207
rs 2008 No 245
am F2018L00105
r 22.08.......................................		am 2007 No 207
rs 2008 No 245
r 22.08A.....................................		ad F2018L00105
r 22.09.......................................		am 2007 No 207
rs 2008 No 245
r 22.10.......................................		rs 2006 No 177; 2008 No 245
r 22.11.......................................		rs 2008 No 245
am No 213, 2014
r 22.12.......................................		am No 351, 2004; No 207, 2007
rs 2008 No 245
r 22.13.......................................		am No 177, 2006; No 207, 2007
rs 2008 No 245
am 2010 No 238
Part 22.3
Part 22.3.....................................		am 2004 No 53; 2007 No 207
rs 2008 No 245
r 22.14.......................................		am No 351, 2004; No 207, 2007
rs 2008 No 245
am No 213, 2014
r 22.15.......................................		rs 2008 No 245
r 22.16.......................................		rs 2008 No 245
r 22.17.......................................		am 2006 No 177
rs 2008 No 245
r 22.18.......................................		rs 2008 No 245
am 2010 No 238
r 22.19.......................................		rs 2008 No 245
r 22.20.......................................		rs 2008 No 245

am F2018L00105
r 22.21.......................................		rs 2008 No 245
r 22.22.......................................		am 2004 No 351; 2005 No 212; 2007 No 207
rs 2008 No 245
am No 213, 2014
Part 22.4
Part 22.4 heading........................		rs No 177, 2006; No 245, 2008
am No 213, 2014
Part 22.4.....................................		am No 207, 2007
rs 2008 No 245
r 22.23.......................................		rs 2008 No 245
am No 213, 2014
r 22.24.......................................		rs 2008 No 245
r 22.25.......................................		rs 2008 No 245
r 22.26.......................................		am 2006 No 177
rs 2008 No 245
am No 213, 2014
r 22.27.......................................		am No 177, 2006
rs No 245, 2008
am No 213, 2014
Part 22.5
Part 22.5 heading........................		rs 2006 No 177; 2008 No 245
r 22.28.......................................		am 2007 No 207
rs 2008 No 245
r 22.29.......................................		am 2007 No 207
rs 2008 No 245
Part 22.6
Part 22.6.....................................		rs 2008 No 245
am 2007 No 207; No 245, 2008
r 22.30.......................................		rs 2008 No 245
r 22.31.......................................		rs 2008 No 245
am 2009 No 33
r 22.32.......................................		am 2006 No 177; 2007 No 207
rs 2008 No 245
r 22.33.......................................		am 2006 No 177; 2007 No 207
rs 2008 No 245
rep No 255, 2015
r 22.34.......................................		am 2007 No 207
rs 2008 No 245
Part 22.7
Part 22.7.....................................		rs 2008 No 245
Division 22.7.1
r 22.35.......................................		am 2006 No 177
rs 2008 No 245
r 22.36.......................................		am 2007 No 207
rs 2008 No 245
am No 213, 2014
r 22.37.......................................		am 2007 No 207
rs 2008 No 245
r 22.38.......................................		rs 2008 No 245
Division 22.7.2
Division 22.7.2...........................		am 2005 No 212; 2006 No 177; 2008 No 245
r 22.39.......................................		rs 2008 No 245
r 22.40.......................................		rs 2008 No 245
Part 22.8
Part 22.8.....................................		rs 2008 No 245
r 22.41.......................................		rs 2008 No 245
r 22.42.......................................		am 2004 No 351
rs 2008 No 245
r 22.43.......................................		am 2006 No 177; 2007 No 207
r 22.44.......................................		am 2007 No 207
rs 2008 No 245
r 22.45.......................................		rs 2008 No 245
Part 22.9
Part 22.9.....................................		rep 2005 No 212
ad 2008 No 245
r 22.46.......................................		am 2007 No 207
rs 2008 No 245
r 22.47.......................................		rs 2008 No 245
r 22.48.......................................		rs 2008 No 245
r 22.49.......................................		am 2007 No 207; 2008 No 62
rs 2008 No 245
r 22.50.......................................		rs 2008 No 245
r 22.51.......................................		am 2005 No 212
rs 2008 No 245
r 22.52.......................................		am 2007 No 207
rs 2008 No 245
r 22.53.......................................		rep 2008 No 245
r 22.54.......................................		rep 2008 No 245
r 22.55.......................................		rep 2005 No 212
r 22.56.......................................		rep 2008 No 245
r 22.57.......................................		rep 2008 No 245
r 22.58.......................................		rep 2008 No 245
r 22.59.......................................		rep 2005 No 212
Part 22.10...................................		rep 2008 No 245
r 22.60.......................................		rep 2008 No 245
r 22.61.......................................		rep 2008 No 245
r 22.62.......................................		rep 2008 No 245
r 22.63.......................................		rep 2008 No 245
r 22.64.......................................		rep 2008 No 245
r 22.65.......................................		rep 2008 No 245
r 22.66.......................................		am 2006 No 177
rep 2008 No 245
Part 22.10
Part 22.10...................................		ad 2012 No 331
r 22.53.......................................		ad 2012 No 331
Chapter 23
Part 23.1
r 23.01.......................................		am 2005 No 212
r 23.01A.....................................		ad 2007 No 207
r 23.01B.....................................		ad 2009 No 33
Chapter 24
Part 24.1
r 24.01.......................................		am No 351, 2004; No 177, 2006; No 213, 2014; F2016L01863; F2018L00105; F2020L01361
r 24.04.......................................		rs No 207, 2007
am No 213, 2014; No 255, 2015; F2018L00105; F2020L01361
Part 24.2
r 24.05.......................................		am 2008 No 245; 2009 No 393; 2010 No 238
rs 2011 No 15
r 24.06.......................................		am No 213, 2014
r 24.07.......................................		am 2007 No 207; 2008 No 245; 2011 No 15
r 24.08.......................................		am No 207, 2007; 2008 No 245
rep No 213, 2014
r 24.09.......................................		rs 2011 No 15
r 24.10.......................................		am 2007 No 207; 2011 No 15
Part 24.3
r 24.13.......................................		am No 177, 2006; No 207, 2007; No 245, 2008; No 393, 2009; No 15, 2011; No 213, 2014; No 255, 2015
r 24.14.......................................		ad 2009 No 33
Chapter 25
Chapter 25..................................		rs 2009 No 393
r 25.01.......................................		am 2009 No 393
r 25.02.......................................		am 2009 No 393
r 25.04.......................................		rs 2009 No 393
r 25.05.......................................		am 2007 No 207; 2009 No 393
r 25.06.......................................		am 2007 No 207
Chapter 26
Chapter 26..................................		ad No 212, 2005; No 286, 2011
Part 26.1
r 26.01.......................................		ad No 212, 2005; No 286, 2011
r 26.02.......................................		ad 2005 No 212
r 26.03.......................................		ad 2005 No 212
rep 2007 No 207
Part 26.2
r 26.04.......................................		ad No 212, 2005
am No 207, 2007; No 286, 2011; F2017L01091
r 26.05.......................................		ad 2005 No 212
am 2007 No 207; 2011 No 286
r 26.06.......................................		ad 2005 No 212
am 2007 No 207
r 26.07.......................................		ad 2005 No 212
am 2007 No 207
Part 26.3
Division 26.3.1
r 26.08.......................................		ad 2005 No 212
Division 26.3.2
r 26.09.......................................		ad 2005 No 212
am 2007 No 207
r 26.10.......................................		ad 2005 No 212
r 26.11.......................................		ad 2005 No 212
am 2007 No 207
r 26.12.......................................		ad 2005 No 212
r 26.13.......................................		ad 2005 No 212
r 26.14.......................................		ad 2005 No 212
am 2007 No 207
Division 26.3.3
r 26.15.......................................		ad 2005 No 212
am 2007 No 207
r 26.16.......................................		ad 2005 No 212
r 26.17.......................................		ad 2005 No 212
am 2007 No 207
r 26.18.......................................		ad 2005 No 212
r 26.19.......................................		ad 2005 No 212
am 2007 No 207
r 26.20.......................................		ad 2005 No 212
Part 26.4
r 26.21.......................................		ad 2005 No 212
r 26.22.......................................		ad 2005 No 212
am No 62, 2008; No 245, 2008
r 26.23.......................................		ad 2005 No 212
am No 207, 2007; No 62, 2008; No 245, 2008
r 26.24.......................................		ad 2005 No 212
am 2008 No 62
rs 2008 No 245
r 26.25.......................................		ad 2005 No 212
Part 26.5
r 26.26.......................................		ad No 212, 2005
am No 62, 2008
rs F2017L01091
r 26.27.......................................		ad 2005 No 212
am F2017L01091
Part 26.6
r 26.28.......................................		ad 2005 No 212
am 2007 No 207
r 26.29.......................................		ad 2005 No 212
am 2007 No 207
Part 26.7
r 26.30.......................................		ad 2005 No 212; 2011 No 286
r 26.31.......................................		ad 2005 No 212
am 2007 No 207; 2011 No 286
Chapter 26A
Chapter 26A...............................		ad No 213, 2014
r 26A.01.....................................		ad No 213, 2014
r 26A.02.....................................		ad No 213, 2014
am F2016L01863
r 26A.03.....................................		ad No 213, 2014
am F2016L01863
Chapter 26B
Chapter 26B...............................		ad No 255, 2015
Part 26B.1
r 26B.01.....................................		ad No 255, 2015
r 26B.02.....................................		ad No 255, 2015
r 26B.03.....................................		ad No 255, 2015
r 26B.04.....................................		ad No 255, 2015
r 26B.05.....................................		ad No 255, 2015
r 26B.06.....................................		ad No 255, 2015
r 26B.07.....................................		ad No 255, 2015
r 26B.08.....................................		ad No 255, 2015
r 26B.09.....................................		ad No 255, 2015
r 26B.10.....................................		ad No 255, 2015
r 26B.11.....................................		ad No 255, 2015
Part 26B.2
Division 26B.2.1
r 26B.12.....................................		ad No 255, 2015
r 26B.13.....................................		ad No 255, 2015
r 26B.14.....................................		ad No 255, 2015
r 26B.15.....................................		ad No 255, 2015
r 26B.16.....................................		ad No 255, 2015
r 26B.17.....................................		ad No 255, 2015
am F2016L01863
r 26B.18.....................................		ad No 255, 2015
r 26B.19.....................................		ad No 255, 2015
r 26B.20.....................................		ad No 255, 2015
r 26B.21.....................................		ad No 255, 2015
Division 26B.2.2
r 26B.22.....................................		ad No 255, 2015
r 26B.23.....................................		ad No 255, 2015
am F2018L00105
r 26B.24.....................................		ad No 255, 2015
am F2016L01863
r 26B.25.....................................		ad No 255, 2015
r 26B.26.....................................		ad No 255, 2015
r 26B.27.....................................		ad No 255, 2015
r 26B.28.....................................		ad No 255, 2015
Division 26B.2.3
r 26B.29.....................................		ad No 255, 2015
Part 26B.3
r 26B.30.....................................		ad No 255, 2015
r 26B.31.....................................		ad No 255, 2015
r 26B.32.....................................		ad No 255, 2015
r 26B.33.....................................		ad No 255, 2015
r 26B.34.....................................		ad No 255, 2015
r 26B.35.....................................		ad No 255, 2015
Chapter 27
Chapter 27..................................		ad 2012 No 331
Part 27.1
Part 1.........................................		rs and renum No 255, 2015
Part 27.1 (prev Part 1)..................		rs F2016L01863; F2017L01477; F2018L01660
r 27.01.......................................		ad No 331, 2012
rs No 255, 2015
rs F2016L01863
rep 1 Feb 2017 (r 27.01(2))
ad F2017L01477
rs F2018L01660
Part 2.........................................		ad No 213, 2014
rep No 255, 2015
r 27.02.......................................		ad No 213, 2014
rs No 255, 2015
rep 1 Feb 2016 (r 27.02(2))
ad No 255, 2015
rep 1 May 2016 (r 27.02(2))
ad F2016L01863
rep F2017L01477
Part 27.2
Part 27.2.....................................		ad F2017L01091
r 27.03.......................................		ad F2017L01091
Part 27.3....................................
Part 27.3.....................................		ad F2018L00105
r 27.04.......................................		ad F2018L00105
r 27.05.......................................		ad F2018L00105
r 27.06.......................................		ad F2018L00105
r 27.07.......................................		ad F2018L00105
r 27.08.......................................		ad F2018L00105
Part 27.4
Part 27.4.....................................		ad F2020L01361
r 27.09.......................................		ad F2020L01361
r 27.10.......................................		ad F2020L01361
r 27.11.......................................		ad F2020L01361
r 27.12.......................................		ad F2020L01361
Part 27.5
Part 27.5.....................................		ad F2020L01220
r 27.13.......................................		ad F2020L01220
Schedule 1
Part 1
Part 1.........................................		am 2004 No 351; 2006 No 177; 2007 No 207; 2008 No 62; 2009 No 33
Part 2
Part 2.........................................		am No 351, 2004; No 177, 2006; No 207, 2007; 2008 No 62, 2008; No 245, 2008; F2018L00105
Schedule 2
Schedule 2 heading......................		rs No 212, 2005; No 213, 2014; No 255, 2015; F2018L00105; F2020L01361
Schedule 2..................................		rs No 213, 2014; No 255, 2015; F2018L00105; F2020L01361
ed C36
Part 1 heading.............................		ad 2005 No 212
rep 2007 No 207
Form 1.......................................		rs 2004 No 351; 2005 No 292; 2006 No 177
rep 2007 No 207
Form 1A....................................		rs 2004 No 351; 2005 No 292; 2006 No 177
rep 2007 No 207
Form 1B.....................................		rs 2005 No 292; 2006 No 177
rep 2007 No 207
Form 2.......................................		am 2004 No 53
rs 2004 No 351; 2005 No 292; 2006 No 177
rep 2007 No 207
Form 2A....................................		rs 2004 No 351; 2005 No 292
rep 2007 No 207
Form 3.......................................		rs 2004 No 351; 2006 No 177
rep 2007 No 207
Form 3A....................................		rs 2004 No 351
rep 2007 No 207
Form 4.......................................		rs No 351, 2004; No 177, 2006; No 213, 2014
rep No 255, 2015
Form 5.......................................		rs 2004 No 351
rep 2007 No 207
Form 6.......................................		rep 2007 No 207
Form 7.......................................		rep 2007 No 207
Form 8.......................................		rs 2004 No 351
rep 2007 No 207
Form 9.......................................		rep 2007 No 207
Form 10.....................................		rs 2004 No 351; 2006 No 177
rep 2007 No 207
Form 11.....................................		am 2004 No 53
rs 2004 No 351; 2005 No 292; 2006 No 177
rep 2007 No 207
Form 12.....................................		rs 2004 No 351; 2006 No 177
rep 2007 No 207
Form 13.....................................		rs 2004 No 53; 2004 No 351; 2005 No 292
rep 2007 No 207
Form 14.....................................		am 2004 No 53; 2004 No 351
rs 2006 No 177
rep 2007 No 207
Form 15.....................................		rs 2004 No 351
rep 2007 No 207
Form 16.....................................		rs 2004 No 351
rep 2007 No 207
Form 17.....................................		rs 2004 No 351
rep 2007 No 207
Form 18.....................................		rs 2004 No 351; 2005 No 292; 2006 No 177
rep 2007 No 207
Form 19.....................................		rs 2004 No 351
rep 2007 No 207
Form 20.....................................		rs 2004 No 351; 2006 No 177
rep 2007 No 207
Form 60.....................................		rs 2004 No 351
rep 2005 No 212
Part 2.........................................		rep 2007 No 207
Part 2 heading.............................		ad 2005 No 212
rep 2007 No 207
Form 21.....................................		ad 2005 No 212
rep 2007 No 207
Form 22.....................................		ad 2005 No 212
rep 2007 No 207
Form 23.....................................		ad 2005 No 212
rep 2007 No 207
Form 24.....................................		ad 2005 No 212
rep 2007 No 207
Form 25.....................................		ad 2005 No 212
rep 2007 No 207
Form 26.....................................		ad 2005 No 212
rep 2007 No 207
Form 27.....................................		ad 2005 No 212
rep 2007 No 207
Form 28.....................................		ad 2005 No 212
rep 2007 No 207
Form 29.....................................		ad 2005 No 212
rep 2007 No 207
Schedule 3
Schedule 3..................................		rs 2004 No 351; 2006 No 177
am No 62, 2008; No 245, 2008; No 238, 2010; No 15, 2011; No 286, 2011; No 331, 2012; No 282, 2013; No 213, 2014
rs No 255, 2015; F2016L01863; F2017L01477; F2018L01660
Schedule 4
Schedule 4 heading......................		rs 2004 No 351
am No 255, 2015
ed C29
Schedule 6
Schedule 6..................................		ad No 62, 2008
am No 245, 2008; No 33, 2009; F2016L01863; F2020L01361
Schedule 7..................................		ad No 331, 2012
rep F2018L00105
Dictionary
Dictionary..................................		am No 351, 2004; No 212, 2005; No 177, 2006; No 207, 2007; No 62, 2008; No 245, 2008; No 33, 2009; No 238, 2010; No 286, 2011; No 95, 2012; No 213, 2014; No 255, 2015; F2016L01863; F2018L00105
ed C34
am F2020L01361
Explanatory Guide
Explanatory Guide......................		am No 207, 2007; No 33, 2009; F2016L01863; F2018L00105