Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 2.04

             (1)  A person who:

                     (a)  makes an application to the Federal Circuit and Family Court for a parenting order; or

                     (b)  files a response to such an application; or

                     (c)  files any response which seeks a parenting order;

must file a Notice of Child Abuse, Family Violence or Risk with the application or response.

Note 1:       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 by a person, or that there has been family violence or that there is a risk of family violence by one of the parties to the proceeding, a true copy of the notice 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.

             (2)  A person who files a Notice of Child Abuse, Family Violence or Risk under subrule (1) that includes one or more allegations of child abuse, family violence or a risk of harm to a child must file an affidavit stating the evidence on which each allegation set out in the notice is based, no later than the time the notice is filed.

             (3)  Subrule (2) does not apply to a Notice of Child Abuse, Family Violence or Risk filed with an Application for Consent Orders in the Federal Circuit and Family Court.

Note:          For additional obligations when an application is made for a parenting order by consent, see rule 10.05.