Commonwealth Numbered Regulations

1989 No. 65 FAMILY LAW RULES (AMENDMENT) - RULE 5

5. After rule 16 of Order 32 of the Family Law Rules the following rule is
inserted: Further evidence on appeal

"16A. (1) For the purposes of subsection 93A (2) of the Act, an application to
the Family Court by a party to an appeal to receive further evidence on a
question of fact shall, unless a Full Court or a Judge otherwise orders:

   (a)  be filed in the principal registry not later than 21 days before the
        day fixed for the hearing of the appeal;

   (b)  be accompanied by an affidavit setting out:

        (i)    the grounds for the application;

        (ii)   any evidence necessary to establish those grounds; and

        (iii)  a statement identifying the further evidence the party applies
               to have received.

"(2) The party who files an application to the court to receive further
evidence shall, not later than the time referred to in paragraph (1) (a), send
3 copies of the application and of the accompanying affidavit to each other
party to the appeal.

"(3) Unless a Full Court or a Judge otherwise orders, a party to an appeal on
whom copies of an application and affidavit have been served in accordance
with subrule (2) may, not later than 14 days before the day fixed for the
hearing of the appeal, file in the principal registry an affidavit relating to
any matter referred to in the application or in that first-mentioned
affidavit.".