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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 8.18

Objectionable material may be struck out

  (1)   Subject to section   69ZT of the Family Law Act, the court may order material to be struck out of an affidavit at any stage in a proceeding if the material:

  (a)   is inadmissible, unnecessary, irrelevant, prolix, scandalous or argumentative; or

  (b)   contains opinions of persons not qualified to give them.

Note:   Section   69ZT of the Family Law Act provides that some provisions of the Evidence Act 1995 do not apply to child related proceedings except in certain circumstances.

  (2)   Unless the court otherwise directs, any costs caused by the material struck out must be paid by the party who filed the affidavit.



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