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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 86
Rules in application proceedings
86 Rules in application proceedings
(1) The rules may make provision for or with respect to the following matters
relating to application proceedings- (a) the practice and procedure in the
court and in proceedings before a Registrar,
(b) the recording of evidence,
including the manner in which the evidence may be recorded and the
authentication of evidence or of transcripts of evidence given in proceedings,
(c) the filing and service (including substituted service) of notices under
this Act,
(d) additional requirements for the form of warrants,
(e) the
functions of Registrars,
(f) the hearing of proceedings, including the
procedure to be followed and the orders to be made, when a party fails to
attend,
(g) empowering the court to dispense with rules of evidence for
proving any matter that is not genuinely in dispute in any proceedings and to
dispense with rules of evidence that might cause expense or delay in
proceedings if those rules were applied in specified circumstances,
(h)
prescribing matters relating to expert evidence, including the disclosure, by
providing copies of reports or otherwise, of the nature of expert evidence to
be given, and including the exclusion of expert evidence in the case of
non-compliance with the rules relating to expert evidence or with any order
for disclosure of the nature of expert evidence,
(i) providing for any matter
relating to the costs of proceedings.
(2) Without limiting subsection (1),
the rules made for the purposes of this Act may adopt, with or without
modification, the provisions of any rules made under the Civil Procedure Act
2005 .
(3) This section does not give power to make rules with respect to any
matter relating to costs that is regulated by the legal costs legislation (as
defined in section 3A of the Legal Profession Uniform Law Application Act
2014 ).
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