Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p16
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 38602–41135

is a public holiday where the registry is located.

3.02  Registry hours
 (1) A registry must be open for business when the registry facilities shared by the registry under arrangements made under section 248 of the Act are open for business.
 (2) A registry may be open at other times for urgent business at the direction of a Judge.

Division 3.2—Time

3.03  Meaning of month
  In these Rules and in a judgment, decree, order or any document in a proceeding, unless the context otherwise indicates:
month means a calendar month.

3.04  Calculating time
 (1) This rule applies to a period of time fixed by these Rules or by a judgment, decree, order or any document in a proceeding.
 (2) If a period of more than 1 day is to be calculated by reference to a particular day or event, the particular day or the day of the event must not be counted.
 (3) If a period of 5 days or less would, but for this subrule, include a day when the registry is closed, that day must not be counted.
 (4) If the last day for taking an action that requires attendance at a registry is a day when the registry is closed, the action may be taken on the next day when the registry is open.
 (5) Subsection 36(2) of the Acts Interpretation Act 1901 does not apply to these Rules.

3.05  Extension or shortening of time fixed
 (1) The Court may extend or shorten a time fixed by these Rules or by a judgment, decree or order.
 (2) A Registrar may extend or shorten a time fixed by these Rules.
 (3) The time fixed may be extended even if the time fixed has passed.
 (4) A time fixed by these Rules or by a judgment, decree or order for service, filing or amendment of a document may be extended by consent without an order.

Part 4—Starting proceedings

Division 4.1—General

4.01  Application
 (1) Unless otherwise provided in these Rules, a proceeding must be started by filing an application in accordance with the approved form.
 (2) An application for final orders may include an application for interim or procedural orders.
 (3) A person must not file an application for an interim or procedural order unless:
 (a) an application for a final order has been made in the proceeding; or
 (b) the application includes an application for a final order.
 (4) If a person makes an application in a proceeding before final orders have been made in a proceeding, the application must be made in accordance with rule 4.06.

4.02  Content of application
  An application must precisely and briefly state the orders sought and the basis on which the orders are