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. (6) An application for review of an award of arbitration must be in accordance with Form 3. 3AA Use of Forms 3, 3A and 3B If a person files an application in accordance with Form 3 that seeks interim or procedural orders, these Rules apply to that part of the application as if the application were filed in accordance with Form 8 and a reference to Form 8A is to be read as a reference to Form 3A or 3B, as the case requires. 3A Application for interim or procedural order only if final orders sought (1) Without leave of the Court, a person may not seek interim or procedural orders unless there is a pending application by that person for final orders in that cause of action. (2) However, the DPP may make an application mentioned in subrule 3 (2A) without filing an application for final orders in the cause of action to which the application relates. 4 Application where no Form prescribed — Form 8 If: (a) an order is sought in a court having jurisdiction under the Act; and (b) no form of application is provided by these Rules; the application must be in accordance with Form 8. 5 Application by amendment If: (a) a party has filed an application in accordance with Form 3 or 3A; and (b) the party wishes to make a further claim in relation to a different cause of action, other than: (i) an application under a cross-vesting law; or (ii) for the maintenance of a child or a party; the party must amend the application in accordance with Order 9, Division 3. 6 Contents of application (1) An application must: (a) comply, as nearly as practicable, with the prescribed Form; and (b) specify, briefly, but precisely, the orders that the court is asked to make. (2) An application instituting proceedings in: (a) a Supreme Court; or (b) a court of summary jurisdiction; of a Territory must state whether the applicant or respondent is ordinarily resident in the Territory. 7 Affidavit in support (1) An applicant who files an application seeking interim or procedural orders must file and serve with the application an affidavit in accordance with subrule (2). (2) Subject to subrule (3), the affidavit must: (a) comply with Order 16; and (b) set out only the facts on which the court will be asked to make the interim or procedural orders sought. (3) Facts exceeding 1 folio that have been set out in a previous affidavit in the proceedings may be incorporated by reference to the relevant paragraph or paragraphs of the previous affidavit. 9 Hearing dates (1) If an application in accordance with Form 3 or 8 is filed in a court (except a court of summary jurisdiction), the Registrar must: (a) fix a date for the hearing of the application or for a case assessment conference; and (2) If an application is filed in accordance with Form 3 (except if interim orders are sought), in a court other than a court of summary jurisdiction, the Registrar must fix a date for a case assessment conference or directions hearing that is as near as practicable to 42 days after the date when the application is filed. (3) Subject to subrule (4), the date fixed for the hearing of an application in which interim or procedural orders are sought, must be: (a) a date that is as near as practicable to, but not earlier than, 28 days after the application is filed; or (b) if: (i) there are other proceedings (except proceedings for principal relief) on foot between the same parties; and (ii) a date has been fixed for the hearing of those other proceedings, or for a directions hearing in relation to those other proceedings; and (iii) that date is considered by the Registrar to be reasonable in the circumstances; the date of that hearing or directions hearing. (4) If an application to which this rule applies is an application for an order for urgent relief, the applicant may apply ex parte to the Registrar requesting the Registrar to fix an early date for the hearing of the application. (5) If an application is made under subrule (4), the Registrar may fix as the date for the hearing of an application the date that the Registrar considers appropriate in the particular circumstances. 10 Hearing date — court of summary jurisdiction If an application to which this Division applies is filed in a court of summary jurisdiction, the Registrar of that court must: (a) fix a date for the hearing of the application; and 11 Service of application An application in accordance with Form 3 or 8 must be served in accordance with Order 18.