Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 2.10

Requirement to file family violence orders in certain proceedings

             (1)  A party to a proceeding who is seeking a parenting order or other order under Part VII of the Family Law Act in relation to a child must file a copy of any family violence order affecting the child or a member of the child's family.

             (2)  A party to a financial proceeding must file a copy of any family violence order affecting the party.

             (3)  If a party is required by subrule (1) or (2) to file a copy of a family violence order but it is not available, the party must file a written notice setting out:

                     (a)  an undertaking to file the order within a specified time; and

                     (b)  the date of the order; and

                     (c)  the court that made the order; and

                     (d)  the details of the order.

             (4)  The family violence order, or the notice under subrule (3), must be filed:

                     (a)  when the proceeding starts; or

                     (b)  as soon as practicable after the family violence order is made.

             (5)  If, during the proceeding, a family violence order filed pursuant to subrule (1) or (2) is varied, each party affected by the variation must, as soon as practicable after the order is varied, file a copy of the variation.

             (6)  This rule does not require a party to file a copy of any document that has already been filed in the proceeding by another party.



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