Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p2
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 2/8)
Character Range: 65124–68000

of the proceeding, other proceedings awaiting hearing, and available resources.

Division 1.2.2—Case management procedures in particular proceedings

1.09  Divorce proceedings
  The following apply if a divorce order has been made:
 (a) before the order takes effect, a party may make an application under section 57 or 58 of the Family Law Act for rescission of the order, by filing:
 (i) an Application in a Proceeding; and
 (ii) an affidavit setting out the reasons why the divorce order should be rescinded and the evidence in support of the application; and
 (b) if a party to the proceeding dies before the order takes effect, the surviving party must inform the court of the death of the other party by filing:
 (i) the death certificate of the deceased party; or
 (ii) an affidavit stating the details of the deceased party's date and place of death.

1.10  Surrogacy proceedings
 (1) This rule applies to applications for parenting orders in relation to a child who was born under a surrogacy arrangement if no final parenting order in relation to the child has been made under Part VII of the Family Law Act.
 (2) The evidence in support of an application under this rule must include the following:
 (a) a copy of the surrogacy agreement (if any), however described;
 (b) evidence from each applicant that establishes the applicant's personal circumstances, including those personal circumstances:
 (i) at the time the surrogacy procedure took place; and
 (ii) in the period immediately before the surrogacy arrangement was entered into; and
 (iii) in the period immediately before conception; and
 (iv) in the period immediately after the birth of the child and during subsequent arrangements for the care of the child;
 (c) evidence from the surrogate mother that establishes the surrogate mother's personal circumstances, including those personal circumstances:
 (i) at the time the surrogacy procedure took place; and
 (ii) in the period immediately before the surrogacy arrangement was entered into; and
 (iii) in the period immediately before conception; and
 (iv) in the period immediately after the birth of the child and during subsequent arrangements for the care of the child;
 (d) evidence from the surrogate mother as to the following:
 (i) whether the surrogacy arrangement was made with her informed consent;
 (ii) whether she received counselling before entering into the surrogacy arrangement;
 (iii) whether she received any legal advice before entering into the surrogacy arrangement;
 (e) evidence regarding the surrogacy arrangement entered into between:
 (i) the applicant and the surrogate mother; or
 (ii) the applicant and the clinic (if any) at which the surrogacy procedure was performed; or
 (iii) the applicant, the surrogate mother and the clinic (if any);
 (f) evidence regarding the identity of the child, including:
 (i) a certified