Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 8.10

Restriction on child's evidence

             (1)  A party applying to adduce the evidence of a child under section 100B of the Family Law Act must file an affidavit that:

                     (a)  sets out the facts relied on in support of the application; and

                     (b)  includes the name of a support person; and

                     (c)  attaches a summary of the evidence to be adduced from the child.

             (2)  If the court makes an order in relation to an application referred to in subrule (1), it may order that:

                     (a)  the child's evidence be given by way of affidavit, video conference, closed circuit television or other electronic communication; and

                     (b)  a person named in the order as a support person be present with the child when the child gives evidence.

Note:          Subsections 100B(1) and (2) of the Family Law Act provide that a child (other than a child who is, or is seeking to become, a party to a proceeding) must not swear an affidavit and must not be called as a witness or remain in court unless the court otherwise orders.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback