Commonwealth Numbered Regulations

1995 No. 319 FAMILY LAW RULES (AMENDMENT) - RULE 21

  21.1   Form 16:
After:

"(Signature and title of person
before whom affidavit sworn)"; Insert: ". . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .
(Print name of person
before whom affidavit sworn)".

  21.2   New Form 38B:
After Form 38A, insert:
                  "FORM 38B                    Order 30, subrule 2AC (2)

FAMILY COURT OF AUSTRALIA
NOTICE OF PREVIOUS REPRESENTATION
Evidence Act 1995 and Evidence Regulations
File Number:
TO: (insert full name of each party to whom notice is to be given)
1. I, (full name of party giving notice), give notice, under section 67 of the
Evidence Act 1995, that I intend to adduce evidence of a previous
representation under the exception to the hearsay rule specified in:

*(a) subsection 63 (2);

*(b) subsection 64 (2);
of that Act.
2. (Specify:

   (a)  the substance of:

        (i)    evidence of the previous representation that is to be adduced;
               and

        (ii)   any other relevant representation, so far as it is known; and

   (b)  so far as it is known:

        (i)    the date, time, place and circumstances at or in which each
               representation mentioned in subparagraph (a) (i) or (ii) was
               made; and

        (ii)   the name and address of each person by whom, and each person to
               whom, the representation was made.
This requirement may be satisfied by referring to the relevant paragraph
numbers of an affidavit, a copy of which must be attached.)
3. (If you are relying on paragraph 63 (2) (a) or (b) of the Evidence Act 
1995 , specify the facts on the basis of which it is alleged that the person
who made a representation referred to in subparagraph 2 (a) (i) or (ii) is not
available to testify concerning the fact to be proved by adducing evidence of
that representation.)
4. (If you are relying on paragraph 64 (2) (a) or (b) of the Evidence Act 
1995 , specify the facts on which you are relying to establish the grounds
specified in subsection 64 (2) of the Act.) (NOTE: The grounds specified in
subsection 64 (2) of the Evidence Act 1995 are that it would cause undue
expense or undue delay, or would not be reasonably practicable, to call the
person who made the representation to give evidence.) . . . . . . . . . . . .
. . . . . . . . . . . . . . Signature of *solicitor/*applicant

*Omit if not applicable.".