Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 13.15

Undertaking by party

             (1)  A party (except an independent children's lawyer) must file a written notice:

                     (a)  stating that the party:

                              (i)  has read Parts 13.1 and 13.2 of these Rules; and

                             (ii)  is aware of the party's duty to the court and each other party (including any independent children's lawyer) to give full and frank disclosure of all information relevant to the issues in the case, in a timely manner;

                     (b)  undertaking to the court that, to the best of the party's knowledge and ability, the party has complied with, and will continue to comply with, the duty of disclosure; and

                     (c)  acknowledging that a breach of the undertaking may be contempt of court.

             (2)  A party commits an offence if the party makes a statement or signs an undertaking the party knows, or should reasonably have known, is false or misleading in a material particular.

Penalty:  50 penalty units.

Note:          Subrule (2) is in addition to the court's powers under section 112AP of the Act relating to contempt and the court's power to make an order for costs.

             (3)  If the court makes an order against a party under section 112AP of the Act in respect of a false or misleading statement mentioned in subrule (2), the party must not be charged with an offence against subrule (2) in respect of that statement.

             (4)  A notice under subrule (1) must comply with subrule 24.01(1) and be as follows:

                   'This Notice is filed in accordance with rule 13.15 of the Family Law Rules 2004 .

                   I [ insert name ]:

                     (a)  have read Parts 13.1 and 13.2 of the Family Law Rules 2004 ;

                     (b)  am aware of my duty to the court and to each other party (including any independent children's lawyer) to give full and frank disclosure of all information relevant to the issues in the case, in a timely manner; and

                     (c)  undertake to the court that, to the best of my knowledge and ability, I have complied with, and will continue to comply with, my duty of disclosure.

                   I understand the nature and terms of this undertaking and that if I breach the undertaking, I may be guilty of contempt of court.

 

 

... ... ... ... ... ... ... ... ... ... ... ... ... ...

 

... ... ... ... ... ... ... ... ... ... ... ... ... ...

( signature of person making statement )

( full name of person making statement )

 

... ... ... ... ... ... ... ... ... ... ... ... ... ...

 

( date of signature )

 

 

... ... ... ... ... ... ... ... ... ... ... ... ... ...

 

... ... ... ... ... ... ... ... ... ... ... ... ... ...

( signature of witness )

( full name of witness )

 

... ... ... ... ... ... ... ... ... ... ... ... ... ...

 

( date of signature )

 

Note 1:       For the consequences of failing to comply with this rule, see rule 11.02.

Note 2:       A party who breaches an undertaking may be found guilty of contempt of court and may be punished by imprisonment (see section 112AP of the Act).



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