Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:10:p3
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 10 (pt 3/4)
Character Range: 90105–92755

to start a proceeding, or take a step in a proceeding, may apply to the court for an order about the procedure to be followed if:
 (a) the procedure is not prescribed by the Family Law Act, these Rules or by or under any other Act; or
 (b) the person is in doubt about the procedure.

1.33  Failure to comply with specified time limit
  If a step is taken after the time specified for taking the step by these Rules, the Family Law Regulations or a procedural order, the step is of no effect.

1.34  Application to allow step after specified time limit
 (1) A party may apply for relief from the effect of rule 1.33.
 (2) In determining an application under subrule (1), the court may consider the following:
 (a) whether there is a good reason for the non‑compliance;
 (b) the extent to which the party has complied with orders, legislative provisions and pre‑action procedures;
 (c) whether the non‑compliance was caused by the party or the party's lawyer;
 (d) the impact of the non‑compliance on the management of the proceeding;
 (e) the effect of the non‑compliance on each other party;
 (f) costs;
 (g) whether the party should be stayed from taking any further steps in the proceeding until the costs are paid;
 (h) whether all parties consent to the step being taken after the specified time.
Note: This subrule does not limit the powers of the court.

Chapter 2—Starting a proceeding

Part 2.1—Required documents

2.01  Which application form must be filed
 (1) Unless otherwise provided in these Rules, a proceeding must be started by filing an application for final orders in accordance with the relevant approved form.
 (2) An application for final orders may include an application for an interlocutory order.
 (3) A person must not file an application for an interlocutory order unless:
 (a) an application for final orders is current in the proceeding; or
 (b) the application includes an application for final orders; or
 (c) the application is permitted by rule 5.02.
 (4) If a person makes an application for an interlocutory order after the start of the proceeding and before final orders have been made in the proceeding, the application must be made by filing an Application in a Proceeding.
 (5) The required documents must be filed with an application if they have not already been filed in the proceeding.
 (5A) An application must concisely state the orders sought.
 (6) The relevant approved forms are set out in Table 2.1.

Table 2.1—Approved forms
Item                      Kind of application                                                                                Application in the approved form to be filed