Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 14.07

Notice about intervention under Part VIII or VIIIAB of Act

             (1)  A person who applies for an order under Part VIII of the Act must serve a written notice on each person mentioned in subsection 79(10) of the Act.

             (2)  A person who applies for an order under Part VIIIAB of the Act must serve a written notice on each person mentioned in subsection 90SM(10) of the Act.

             (3)  The notice must:

                     (a)  state that the person to whom the notice is addressed may be entitled to become a party to the case under the subsection of the Act for which the notice is served;

                     (b)  include a copy of the application for the order sought; and

                     (c)  state the date of the next relevant court event.

Summary of Chapter 15

Chapter 15 sets out rules about evidence generally and in relation to children, affidavits, subpoenas, assessors and expert witnesses. Evidence adduced at a hearing or trial must be admissible in accordance with the provisions of the Act, the Evidence Act 1995 and these Rules. Note, though, that, subject to sections 4 and 5 of the Evidence Act 1995 , that Act does not apply to the Family Court of Western Australia or any other court of a State.

A person may be prosecuted for knowingly making a false statement in evidence (see section 35 of the Crimes Act 1914 ).

Sections 69ZT to 69ZX of the Act apply to a case to which Division 12A of Part VII of the Act applies.

The rules in Chapter 1 relating to the court's general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.



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