FAMILY LAW RULES 2004 - RULE 2.01 Which application to file

Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 2.01

Which application to file

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

Table 2.1 Applications

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;

(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).

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