Commonwealth Consolidated Regulations

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Procedure 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.

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.


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