Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 4.01

Contents 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.



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