Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p23
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 23/100)
Character Range: 173353–176034

interlocutory orders must not contain more than 10 annexures.

5.09  Duration of hearing of interlocutory application
 (1) Unless the court directs otherwise, the hearing of an application for interlocutory orders must be no longer than 2 hours.
 (2) Cross‑examination will be allowed at a hearing only in exceptional circumstances.

5.10  Administrative postponement of interlocutory hearing
 (1) If the parties agree that the hearing of an application for interlocutory orders should not proceed on the date fixed for the hearing, the parties may request the Registry Manager to postpone it.
 (2) A request must:
 (a) be in writing; and
 (b) specify why it is appropriate to postpone the hearing; and
 (c) specify the date to which the hearing is sought to be postponed; and
 (d) be signed by each party or the party's lawyer; and
 (e) be received by the Registry Manager no later than 12 noon on the day before the date fixed for the hearing.
 (3) If a request is made, the Registry Manager must tell the parties:
 (a) whether the hearing has been postponed; and
 (b) if applicable, the date to which the hearing has been postponed.

Part 5.2—Applications without notice

5.11  Applications without notice
  An applicant seeking that an interlocutory 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 the following:
 (i) whether there is a history or allegation of child abuse or family violence between the parties;
 (ii) whether there have been any previous proceedings between the parties and, if so, the nature of the proceedings;
 (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 proceeding;
 (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;
 (x) the last known address or address for service of the other party.

5.12  Necessary procedural orders
  If the court