Commonwealth Numbered Regulations

1990 No. 74 FAMILY LAW RULES (AMENDMENT) - RULE 3

3. Rule 16A of Order 32 of the Family Law Rules is repealed and the following
rule substituted: Further evidence on appeal

"16A. (1) This rule applies to any application to the court to receive
evidence on the hearing of an appeal additional to evidence in the court
below.

"(2) The provisions of this rule apply unless the court otherwise directs.

"(3) The application shall be made in accordance with Form 42A subject to such
alterations as are necessary.

"(4) The application shall be filed in the appeal registry.

"(5) The grounds for the application shall be stated in an affidavit filed
with the application.

"(6) Any evidence necessary to establish the grounds for the application and
any other evidence which the applicant wants the court to receive shall be
given by affidavit.

"(7) The applicant shall file the application and any related affidavit not
later than 4 days before the hearing of the appeal.

"(8) The evidence of any other party to the appeal shall be given by affidavit
filed not later than 24 hours before the hearing of the appeal.

"(9) A party to the appeal shall, within the time allowed for that party to
file an application or affidavit under this rule:

   (a)  lodge as many copies of the application or affidavit as the appeal
        registrar directs; and

   (b)  serve 3 copies of the application or affidavit on each other party to
        the appeal.".