Commonwealth Numbered Regulations

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1986 No. 193 FAMILY LAW RULES (AMENDMENT) - RULE 18

18. After rule 8 of Order 34 of the Family Law Rules the following rule is
inserted in Order 34: Urgent application to deal with alleged contravention of
sub-section 70 (3) of the Act

"9. (1) Notwithstanding rule 6, an application to a court for a person to be
dealt with for an alleged contravention of sub-section 70 (3) of the Act may,
where the applicant alleges that it is necessary for the welfare of a child in
respect of whom the contravention is alleged to have occurred that the court
hear the application urgently, be in accordance with Form 48A.

"(2) Notwithstanding any other provision of these Rules, a party to
proceedings instituted by the filing of an application in accordance with Form
48A is not required to file an affidavit in respect of those proceedings,
unless the court exercising jurisdiction in those proceedings otherwise
orders.

"(3) An applicant who files an application in accordance with Form 48A shall-

   (a)  in the manner specified in paragraph 5 (1) (a) or (c) of Order 18; and

   (b)  not later than 2 days before the return day of the application, serve
        a sealed copy of the application on the respondent to the proceedings.

"(4) Where a sealed copy of an application in accordance with Form 48A has
been served on a person in accordance with sub-rule (3) and the person fails,
without reasonable excuse, to appear at a court as required by the
application, the court may issue a warrant for the arrest of that person.". 


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