Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 5.05

Fixing 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.



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