Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p77
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 77/100)
Character Range: 303247–305827

be entered, in accordance with subrule (1):
 (a) in the registry; or
 (b) in court; or
 (c) in chambers.

Part 10.5—Summary disposal

10.22  Dismissal for want of prosecution
 (1) If a party has not taken a step in a proceeding for 6 months, the court may, on its own initiative:
 (a) dismiss all or a part of the proceeding; or
 (b) order an act to be done within a fixed time, in default of which the party's application may be dismissed.
 (2) The court must not make an order under subrule (1) if:
 (a) there is a future listing for the proceeding or a part of the proceeding; or
 (b) an Application in a Proceeding relating to the proceeding has not been determined; or
 (c) a party to the proceeding satisfies the court that the proceeding, or the part of the proceeding, should not be dismissed; or
 (d) the court has not given the parties to the proceeding notice under subrule (3).
 (3) The court must, at least 14 days before making the order, give each party to the proceeding written notice of the date and time it will consider whether to make the order.
 (4) Notice under subrule (3) must be sent by email or by post in an envelope marked with the court's return address:
 (a) to each party's address for service; and
 (b) if a party has no address for service—to the party's last known email address or last known postal address.
 (5) If:
 (a) an application is dismissed under subrule (1); and
 (b) a party is ordered to pay the costs of another party; and
 (c) before the costs are paid, the party ordered to pay them starts another application on the same or substantially the same grounds;
the other party may apply for the proceeding to be stayed until the costs are paid.

10.23  Certificate of vexatious proceedings order
 (1) A person who wants the Chief Executive Officer of the court to issue a certificate under section 102QC of the Family Law Act must make the request in writing and include in the request:
 (a) the applicant's name and address; and
 (b) the person's interest in making the request.
 (2) The request must be lodged in the registry in which the vexatious proceedings order was made.
 (3) The certificate must state:
 (a) the name of the person subject to the vexatious proceedings order; and
 (b) if applicable, the name of the person who applied for the vexatious proceedings order; and
 (c) the date the vexatious proceedings order was made; and
 (d) the orders made by the court.

10.24  Application for leave to institute proceedings—vexatious proceedings orders and harmful proceedings orders

Vexatious proceedings orders
 (1) An