Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 6.02

Undertaking by party

             (1)  A party (but not an independent children's lawyer) must file a written notice:

                     (a)  stating that the party:

                              (i)  has read Parts 6.1 and 6.2 of these Rules; and

                             (ii)  is aware of the party's duty to the court and each other party (including any independent children's lawyer) to give full and frank disclosure of all information relevant to the issues in the proceeding, in a timely manner; and

                     (b)  undertaking to the court that, to the best of the party's knowledge and ability, the party has complied with, and will continue to comply with, the duty of disclosure; and

                     (c)  acknowledging that a breach of the undertaking may be a contempt of court.

             (2)  A party commits an offence if the party makes a statement or signs an undertaking the party knows, or should reasonably have known, is false or misleading in a material particular.

Penalty:  50 penalty units.

Note:          Subrule (2) is in addition to the court's powers under section 112AP of the Family Law Act relating to contempt and the court's power to make an order for costs.

             (3)  If the court makes an order against a party under section 112AP of the Family Law Act in respect of a false or misleading statement referred to in subrule (2), the party must not be charged with an offence against subrule (2) in respect of that statement.

             (4)  A notice under subrule (1) must be in accordance with the approved form and must be filed before the first court date, unless the court otherwise orders.



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