Commonwealth Consolidated Regulations

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FAMILY LAW (CHILD PROTECTION CONVENTION) REGULATIONS 2003 - REG 27

Matters relevant in proceedings relating to a foreign measure

  (1)   This regulation applies to proceedings affecting, or involving, a foreign measure.

  (2)   The State court is bound by findings of fact on which the competent authority, in the Convention country in which the foreign measure was taken, based its jurisdiction.

  (3)   Subject to regulation   26, the State court must not review the merits of the foreign measure.

  (4)   Any document relating to the foreign measure that is provided by a competent authority in a Convention country is admissible as evidence of any facts stated in the document.

  (5)   An affidavit relating to the foreign measure that is made by a witness who resides outside Australia, if filed in the proceedings, is admissible as evidence even though the witness does not attend the proceedings for cross - examination.



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