15Request not to hear proceedings in parties’ absence — Form 10

15 Request not to hear proceedings in parties’ absence — Form 10

(1) If, in proceedings for dissolution of marriage:

(a) a respondent has been served, not less than 28 days before the date of hearing, with a request in accordance with Part B of Form 4; or

(b) a joint application has been made in accordance with Part B of Form 4;

then:

(c) an applicant, or respondent to that application; or

(d) a joint applicant;

may request the court, or a Registrar, not to determine the proceedings in the absence of the parties, by filing and serving on the other party, or the other joint applicant, as the case requires, a notice in accordance with Form 10 not later than 7 days before the date of hearing of the application.

(2) If a notice has been filed and served in accordance with subrule (1) or a response opposing the application has been filed, the court, or a Registrar, must determine the proceedings in open court.

Order 8 Applications other than for principal relief

Unless these Rules provide otherwise, this Order applies to all applications.

Note Order 7 applies to applications for principal relief.

2 No affidavits to be filed

In proceedings to which this Order applies, a party must not file an affidavit unless:

(a) the affidavit is required or authorised to be filed by these Rules; or

(b) the court, or a Registrar, grants leave to do so.

Division 2 Application, hearing date and directions hearing

3 Form of application — Form 3 or 8

(1) An application for a final order for relief (except an application for an order under the Marriage Act 1961) must be in accordance with Form 3.

(2) An application for an order under the Marriage Act 1961 must be in accordance with Form 8.

(2A) An application:

(a) under section 79C or 90N of the Act to stay property settlement or spousal maintenance proceedings; or

(b) under section 79D or 90P of the Act to lift a stay of property settlement or spousal maintenance proceedings;

must be in accordance with Form 8.

(3) Subject to subrule (5), an application for an interim or procedural order (whether or not a cross-vesting law is involved) must be in accordance with Form 8.

(4) A person filing an application in accordance with Form 3 must file at the same time an Information Sheet in a form approved by the Principal Registrar.

(5) An application for interim or procedural orders may be included in an application seeking final orders in accordance with Form 3, 3A or 3B.