Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 17.06

Undertakings

             (1)  An undertaking that is required or permitted to be given by a person under these Rules may be given orally or in writing.

             (2)  An undertaking given by a person in writing must be:

                     (a)  signed by the person or the person's legal representative; and

                     (b)  filed in the filing registry.

Note:          A document that is filed must be served (see rule 7.04).

             (3)  If an undertaking is given by a person orally:

                     (a)  a written record of the undertaking must be made; and

                     (b)  the record must be:

                              (i)  signed by the person or the person's legal representative; and

                             (ii)  filed in the filing registry within 14 days of the undertaking being given; and

                            (iii)  served within 14 days of the undertaking being given.

             (4)  An undertaking as to damages is an undertaking:

                     (a)  to submit to such order (if any) as the court may consider to be just for the payment of compensation (to be assessed by the court or as the court may direct) to any person (whether or not that person is a party) affected by the operation of the order or undertaking or any continuation (with or without variation) of the order or undertaking; and

                     (b)  to pay compensation referred to in paragraph (a) to the person affected by the order or undertaking.

             (5)  This rule is subject to any requirements specified in these Rules for the giving of particular undertakings.

Summary of Chapter 18

Chapter 18 sets out:

*     the powers of the court that are delegated to Judicial Registrars, Registrars and Deputy Registrars of the Family Court of Australia; and

*     the process for reviewing an order made by a Judicial Registrar or Registrar.

Note:    A power or function expressed by these Rules to be conferred on a Registrar may also be exercised in the Family Court by a Judge or a Judicial Registrar.

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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