Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p21
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 21/100)
Character Range: 168606–171231

interlocutory orders
 (1) Subject to subrule (2), a party may apply for an interlocutory order in a proceeding.
 (2) A person may apply for an interlocutory order only if the order sought relates to a current proceeding, unless the person is seeking:
 (a) permission to start a proceeding or extend a time limit to start a proceeding; or
 (b) to be appointed as a litigation guardian for a person under rule 3.15; or
 (c) to vary or set aside an order under rule 10.13 (other than a final order under paragraph 10.13(1)(b)); or
 (d) an order for costs.
 (3) This rule does not apply to restrict the filing of an Application in a Proceeding by:
 (a) an independent children's lawyer; or
 (b) the Director of Public Prosecutions, when making an application under section 79C, 79D, 90N, 90P, 90VB or 90VC of the Family Law Act, to stay or lift a stay of a property settlement or spousal or de facto maintenance proceeding; or
 (c) a bankruptcy trustee; or
 (d) a trustee of a personal insolvency agreement.
 (4) This rule does not apply to restrict the filing of an application for an order in relation to an arbitration by a party to the arbitration or an arbitrator conducting the arbitration.
Note 1: Unless an exception applies, a party must make a reasonable and genuine attempt to settle the issue to which an interlocutory application relates, before filing the application (see rule 4.03).
Note 2: An application for an interlocutory order must be made using the form required by rule 2.01.

5.03  Time for applications seeking parenting orders for end‑of‑year school holiday period
 (1) This rule applies to an application for an interim parenting order relating in whole or part to the school holiday period beginning in December in a year (the application year) and extending to January in the following year.
 (2) The application must be filed before 4 pm on the second Friday in November of the application year.
Note: Except in cases of urgency (where the usual criteria for an urgent hearing will apply), an application filed after the deadline under subrule (2) will be allocated the next available hearing date in the usual way. That date may be after Christmas. In other words, if the deadline has passed, the fact that an application relates to the school holiday period will not of itself justify a listing before Christmas. In urgent cases, applications to abridge times and to list a matter on short notice may be made to the registry.

5.04  Supporting affidavit to be filed with application
 (1) A party who applies for one or more interlocutory orders must, at the same time, file and serve an affidavit