Commonwealth Numbered Regulations

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1995 No. 371 FAMILY LAW RULES (AMENDMENT) - RULE 49

49. Order 31A, rule 6 (Conduct of proceedings in Family Court)
49.1 Subrule 6 (1): Omit the subrule, substitute:

"(1) If, in proceedings before a Family Court, a party intends to rely on the
law of a State or Territory that may be applied under paragraph 11 (1) (b) of
the Cross-vesting Act, the party must:

   (a)  specify in the party's application the particular State or Territory
        law on which the party intends to rely; and

   (b)  unless the court, or a Registrar, directs otherwise-not later than 14
        days after the directions hearing, file and serve an affidavit
        containing:

        (i)    a statement of the claim in relation to which the cross-vesting
               issue arises; and

        (ii)   the grounds on which the State or Territory law is intended to
               be relied on.".

49.2 Subrule 6 (2): Omit "the pleading shall", substitute "the party must, in
the party's application, or in an affidavit filed with the application,". 


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