Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 4.06

Cross-vesting matters

             (1)  If a party filing an Initiating Application (Family Law) or a Response to Initiating Application (Family Law) relies on a cross-vesting law, the party must specify, in the application or response, the particular State or Territory law on which the party relies.

             (2)  A party relying on a cross-vesting law after a case has started must file an Application in a Case seeking procedural orders in relation to the matter.

             (3)  A party to whom subrule (1) or (2) applies must also file an affidavit stating:

                     (a)  that the claim is based on the State or Territory law and the reasons why the Family Court should deal with the claim;

                     (b)  the rules of evidence and procedure (other than those of the relevant Family Court) on which the party relies; and

                     (c)  if the case involves a special federal matter--the grounds for claiming the matter involves a special federal matter.



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