Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 4.26

Evidence to be provided

             (1)  This rule applies to a child support application under section 111, 116, 123, 129, 136, 139 or 143 of the Assessment Act or section 111C of the Registration Act, or a child maintenance application.

             (2)  On the first court date and the hearing date of the application, each party must bring to the court the following documents:

                     (a)  a copy of the party's taxation returns for the 3 most recent financial years;

                     (b)  the party's taxation assessments for the 3 most recent financial years;

                     (c)  the party's bank records for the period of 3 years ending on the date on which the application was filed;

                     (d)  if the party receives wages or salary payments--the party's payslips for the past 12 months;

                     (e)  if the party owns or controls a business, either as sole trader, partnership or a company--the business activity statements and the financial statements (including profit and loss statements and balance sheets) for the 3 most recent financial years of the business; and

                      (f)  any other document relevant to determining the income, needs and financial resources of the party.

Note 1:       Documents that may need to be produced under paragraph (f) include documents setting out the details mentioned in rule 13.04.

Note 2:       For variation of a maintenance order, see subsection 66S(3) of the Act.

             (3)  Before the hearing date, a party must produce the documents mentioned in subrule (2) for inspection, if the other party to the proceedings makes a written request for their production.

             (4)  If a request is made under subrule (3), the documents must be produced within 7 working days of the request being received.



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