Commonwealth Numbered Regulations

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1995 No. 371 FAMILY LAW RULES (AMENDMENT) - RULE 42

42. Order 28, rule 1 (Issue by Registrar)
42.1 Subrule 1 (1): Omit "subrule (1A),", substitute "subrules (1A) and
(1B),".

42.2 After subrule 1 (1A), insert:

"(1B) Subject to subrule (1C), in proceedings commenced by an application in
accordance with Form 7, unless the court, or a Registrar, has first granted
leave, the Registrar must not issue a subpoena until:

   (a)  the directions hearing (including any adjournments) has been
        completed; and

   (b)  if a conciliation conference was ordered at the directions
        hearing-that conciliation conference has been completed.

"(1C) The court, or a Registrar, must not grant leave under subrule (1B)
unless there are special circumstances by reason of which the order granting
leave should be made.". 


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