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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 2.06

Amendment of Notice of Child Abuse, Family Violence or Risk

    If:

  (a)   a person who is a party to a proceeding, or an interested person in the proceeding, has filed a Notice of Child Abuse, Family Violence or Risk in the proceeding; and

  (b)   after filing the notice, the person becomes aware of new facts or circumstances that would require the person to file a notice for the purposes of subsection   67Z(2) or 67ZBA(2) of the Family Law Act in relation to those facts or circumstances;

the person must file:

  (c)   a new Notice of Child Abuse, Family Violence or Risk setting out those facts or circumstances; and

  (d)   an affidavit stating the evidence on which each allegation set out in the notice is based.

Note 1:   A true copy of a Notice of Child Abuse, Family Violence or Risk that is filed for the purposes of subsection   67Z(2) or 67ZBA(2) of the Family Law Act must be served on the person to whom the allegations relate: see subsections   67Z(2) and 67ZBA(2) of the Family Law Act.

Note 2:   If a Notice of Child Abuse, Family Violence or Risk filed in a proceeding alleges that a child to whom the proceeding relates has been abused or is at risk of being abused, the Registry Manager must notify a prescribed child welfare authority: see subsection   67Z(3) and paragraph   67ZBA(3)(b) of the Family Law Act.



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