Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 5.12

Application 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).



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