Commonwealth Consolidated Regulations

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Evidence to be provided

             (1)  On the first court date and the hearing date of an Application for spousal or de facto maintenance, each party must bring to the court the following documents:

                     (a)  a copy of the party's taxation returns for the 3 most recent financial years;

                     (b)  the party's taxation assessments for the 3 most recent financial years;

                     (c)  the party's bank records for the period of 3 years ending on the date on which the application was filed;

                     (d)  if the party receives wages or salary payments--the party's payslips for the past 12 months;

                     (e)  if the party owns or controls a business, either as sole trader, partnership or a company--the business activity statements and the financial statements (including profit and loss statements and balance sheets) for the 3 most recent financial years of the business; and

                      (f)  any other document relevant to determining the income, needs and financial resources of the party.

Note 1:       Documents that may need to be produced under paragraph (f) include documents setting out the details mentioned in rule 13.04.

Note 2:       For modification of a spousal maintenance order, see section 83 of the Act. For modification of a de facto maintenance order, see section 90SI of the Act.

             (2)  Before the hearing date, a party must produce the documents mentioned in subrule (1) for inspection, if the other party to the proceedings makes a written request for their production.

             (3)  If a request is made under subrule (2), the documents must be produced within 7 working days of the request being received

Overview of proceedings to which this Division applies

Child support

Applications may be made under the following provisions of the Child Support (Assessment) Act 1989 :

*     subsection 95(6) or section 136 about a child support agreement that has been accepted by the Registrar

*     sections 106A and 107 about who is or who is not the parent of the child

*     section 111 seeking a departure from administrative assessment backdated over 18 months and up to 7 years

*     section 118 for departure from administrative assessment as follows:

      * if the Child Support Registrar has refused to determine the departure application because the issues are too complex (sections 98E and 98R);

      * if the court has a discretion to determine the application because there is another application pending before the court and the court is satisfied that special circumstances exist to enable it to determine both applications (section 116);

      * if there is a minimum administrative assessment (paragraph 116(1)(c))

*     section 123 for lump sum or non periodic payments of child support

*     section 129 to vary a prior order for lump sum or non periodic child support

*     section 139 seeking urgent maintenance after an application has been made for administrative assessment of child support, but has yet to be determined

*     section 143 for recovery of child support paid when a person is not liable to pay child support

Note:    Applications should not be made under this Division unless an associated matter is pending in the court or filing with the Federal Circuit Court is not available. Under section 33B of the Family Law Act 1975 , the Family Court may transfer the proceeding to the Federal Circuit Court without notice to the parties.

Applications may be made under the section 111C of the Child Support (Registration and Collection) Act 1988 for an order staying (suspending) the operation of the Act and the Child Support (Assessment) Act 1989 , until the finalisation of court proceedings.

Child maintenance

Applications may be made for child maintenance under Division 7 of Part VII of the Family Law Act in relation to children to whom the child support scheme does not apply. Applications may also be made under Parts III and IV of the Family Law Regulations.

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