Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p79
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 79/100)
Character Range: 307956–310500

institute a proceeding.
Note 3: See subsection 102QAE(3) of the Family Law Act for the contents of the affidavit that must be filed with the application.
 (4) On the first court date for the application, the court may:
 (a) dismiss the application; or
 (b) do the following:
 (i) order the person to file and serve any further affidavits in support of the application;
 (ii) list the application for hearing; or
 (c) hear the application and, if leave is granted, order the person to file and serve the application and affidavit on the other party.
Note: An order made under subsection 102QAC(7) of the Family Law Act may require the court to notify the other party that the application has been dismissed.
 (5) The court may dismiss the application in chambers without an oral hearing with or without the consent of the applicant.
Note: See subsections 102QAF(3) and (4) of the Family Law Act for the power of the court to dismiss the application in chambers without an oral hearing (either with or without the consent of the applicant).

Part 10.6—Default

10.25  Application of Part 10.6
  Nothing in this Part is intended to limit the court's powers in relation to contempt or sanctions for failure to comply with an order.

10.26  When a party is in default
 (1) For the purposes of rule 10.27, an applicant is in default if the applicant fails to:
 (a) comply with an order of the court in the proceeding; or
 (b) file and serve a document required under these Rules; or
 (c) produce a document as required by Division 6.2.2; or
 (d) do any act required to be done by these Rules or the Family Law Regulations; or
 (e) prosecute the proceeding with due diligence.
 (2) For the purposes of rule 10.27, a respondent is in default if the respondent fails to:
 (a) give an address for service before the time for the respondent to give an address has expired; or
 (b) file a response before the time for the respondent to file a response has expired; or
 (c) comply with an order of the court in the proceeding; or
 (d) file and serve a document required under these Rules; or
 (e) produce a document as required by Division 6.2.2; or
 (f) do any act required to be done by these Rules or the Family Law Regulations; or
 (g) defend the proceeding with due diligence; or
 (h) prosecute with due diligence any application the respondent has made in the proceeding.

10.27  Orders on default
 (1) If a party is in default, the court may do any of the following:
 (a) order that the proceeding be stayed or dismissed as to the whole or any part