5.01Restrictions in relation to applications

#### 5.01 Restrictions in relation to applications (1) A party may apply for an interim, procedural, ancillary or other incidental order in relation to a cause of action only if: (a) the party has made an application for final orders in that cause of action; and (b) final orders have not been made on that application. > Note: A reference to application includes a reference to cross‑application (see the dictionary). (2) A party may apply for an interim, procedural, ancillary or other incidental order only if the order sought relates to a current case. (3) Subrule (2) does not apply if the party is seeking: (a) permission to start a case or extend a time limit to start a case; (b) to start a case for a child or a person with a disability under rule 6.10; or (c) an order for costs. (4) This rule does not apply to restrict the filing of an Application in a Case by: (a) an independent children’s lawyer; (b) the Director of Public Prosecutions, when making an application under section 79C, 79D, 90N, 90P, 90VB or 90VC of the Act, to stay or lift a stay of a property settlement or spousal or de facto maintenance case; (c) a bankruptcy trustee; or (d) a trustee of a personal insolvency agreement. (4A) 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. (5) If a party applies for an interim, procedural, ancillary or other order at the start of a case, the application must be in an Initiating Application (Family Law). (6) If a party applies for an interim, procedural, ancillary or other order after a case has commenced, the application must be in an Application in a Case. > Note 1: An Application in a Case is used to make: (a) an Application for review of a Judicial Registrar’s or Registrar’s order (see Chapter 18); and (b) an Application to enforce an obligation to pay money or to enforce a parenting order (see Chapter 20 and rule 21.01). > Note 2: A party may ask for a procedural order orally (see paragraph (h) of item 3 of Table 11.1).