Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 25A.07

Service of application or notice of appeal

             (1)  The persons to be served with an application or appeal under this Part are:

                     (a)  each respondent; and

                     (b)  a parent or eligible carer of the child in relation to whom the application or appeal is made; and

                     (c)  the Child Support Registrar; and

                     (d)  for appeals from the Tribunal to which this Part applies:

                              (i)  the Registrar of the Tribunal; and

                             (ii)  any other parties to the appeal.

             (2)  An application or appeal must be served at least 28 days before the hearing date, except an application for:

                     (a)  an order staying a decision; or

                     (b)  an order staying or otherwise affecting the operation or implementation of the Assessment Act or the Registration Act; or

                     (c)  an urgent order for child maintenance.

             (3)  A person seeking to appeal a decision of the Tribunal must serve a notice of the appeal on the Tribunal within 7 days of the day of filing the appeal.

             (4)  Any documents on which the applicant or the appellant intends to rely must be served on the persons mentioned in subrule (1) at least 21 days before the hearing date.

             (5)  An applicant or an appellant must serve on each respondent, with the application or notice of appeal, a brochure called Child Support Applications approved by the Chief Judge.

Note 1:       The Assessment Act provides that the parties to a child support application should be the liable parent and the eligible carer. The Child Support Registrar does not need to be joined as a party but may intervene in the case if served with a copy of the application.

Note 2:       For service of an application see Part 6.

Note 3:       A response to an application must be filed and served within 14 days of service of the application to which it relates:  see subrule 4.03(3).

Note 4:       A response is not required in appeals but a notice of address for service under rule 6.01 must be filed and served.



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