Document ID: chunk:federal_register_of_legislation:F2024L00509:clause:1_31
Version: federal_register_of_legislation:F2024L00509
Segment Type: clause
Provision Reference: sch 1 cl 31
Character Range: 7980–10009

31  At the end of rule 10.24
Add:

Harmful proceedings orders
 (3) An application under subsection 102QAE(2) of the Family Law Act for leave to institute a proceeding that is subject to a harmful proceedings order:
 (a) must be made in accordance with the approved form supported by an affidavit; and
 (b) must not be served on a person unless the application for leave is granted, and an order is made, under section 102QAG of the Family Law Act.
Note 1: See subsection 102QAC(7) of the Family Law Act for the requirement for the court to make an order as to whether the other party is to be notified by the court:
(a) if a party who is the subject of a harmful proceedings order makes an application for leave under section 102QAE of the Family Law Act; or
(b) if the application is dismissed—that the application has been dismissed.
Note 2: See subsection 102QAE(2) of the Family Law Act for the power for a person who is subject to a harmful proceedings order to apply to the court to 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).