Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p1
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 1/53)
Character Range: 360915–363760

5                                                   Failure to comply with a bond entered into in accordance with the Family Law Act                                                                                                                            Application—Contravention

 (2) A person filing an application referred to in Table 11.1 must file with it an affidavit that:
 (a) states the facts necessary to enable the court to make the orders sought in the application; and
 (b) has attached to it a copy of any order, bond, agreement or undertaking that is alleged to have been contravened.
Example: For the purposes of paragraph (2)(a), if a person alleges in an Application—Contravention that another person has behaved in a way that showed a serious disregard of the other person's obligations under a parenting order (see paragraph 70NBF(3)(b) of the Family Law Act), the affidavit must set out the alleged facts necessary to prove this.
Note: An application referred to in Table 11.1 and its supporting affidavit must be served personally on the respondent (see Table 2.2).
 (3) The affidavit filed with an application referred to in item 3 of Table 11.1 must also state:
 (a) whether a court has previously found that the respondent contravened the primary order without reasonable excuse; and
 (b) the details of any finding made under paragraph (a), including:
 (i) the date and place of the finding; and
 (ii) the court that made the finding; and
 (iii) the terms of the finding in sufficient detail to show that the finding related to a previous contravention by the respondent of the primary order.

11.65  Application made or continued by Marshal
  The court may direct the Marshal or another officer of the court to make or continue an application under this Division.

11.66  Fixing of hearing date
  If an application is filed under subrule 11.64(1), the Registry Manager must fix a date for a hearing that is as near as practicable to 14 days after the date of filing.
Note: When an application is filed, the court may order the parties to attend family counselling, family dispute resolution or a specified parenting program (see section 13C of the Family Law Act).

11.67  Response to an application
  A respondent to an application referred to in Table 11.1 may file an affidavit but is not required to do so.

11.68  Failure of respondent to attend
  If a respondent fails to attend the hearing in person or by a lawyer, the court may:
 (a) determine the proceeding; or
 (b) issue a warrant for the respondent's arrest to bring the respondent before a court; or
 (c) adjourn the application.

11.69  Procedure at hearing
  At the hearing of an application referred to in Table 11.1, the court must:
 (a) inform the respondent of the allegation; and
 (b) ask the respondent whether the respondent wishes to admit or