Commonwealth Numbered Regulations

1995 No. 371 FAMILY LAW RULES (AMENDMENT) - SCHEDULE 4

                             SCHEDULE 4                    Rule 18

NEW ORDER 10

"ORDER 10-SUMMARY APPLICATION-CONTRAVENTION OF ACCESS ORDERS Application for
contravention of access order-Form 49

"1. (1) This Order applies to an application in which an applicant applies for
a respondent to be dealt with under section 112AD of the Act for an alleged
contravention of an access order.

"(2) An application under this Order must:

   (a)  be in accordance with Form 49; and

   (b)  set out the nature and date of each alleged act or omission.

"(3) Despite any other provision of these Rules, a party who makes an
application under this Order need not file an affidavit unless the court
orders the party to do so. Hearing date

"2. (1) The Registrar must fix a date for the hearing of an application under
this Order.

"(2) The date fixed must be:

   (a)  if the respondent lives in Australia-a date not later than 14 days
        after the application is filed; or

   (b)  if the respondent does not live in Australia-a date not later than 35
        days after the application is filed. Service of application

"3. An applicant who files an application under this Order must serve a sealed
copy of the application on the respondent in the manner set out in Order 18,
paragraph 9 (1) (a) or 9 (2) (a), as appropriate, not later than 2 days before
the date fixed for the hearing of the application. Hearing

"4. So far as practicable, the court must hear and determine an application
under this Order:

   (a)  on the date fixed for the hearing of the application; and

   (b)  without a directions hearing. How application must be heard

"5. On the hearing of an application under this Order, the court must:

   (a)  cause the respondent to the application to be orally informed of each
        alleged act or omission specified in the application; and

   (b)  ask the respondent to state whether he or she admits or denies each
        allegation; and

   (c)  hear any evidence that the applicant adduces; and

   (d)  ask the respondent to state his or her defence (if any) to the
        application; and

   (e)  hear any evidence that the respondent adduces; and

   (f)  determine the issues raised in the application and response (if any);
        and

   (g)  make any orders that are appropriate in the circumstances. Warrant for
        the arrest of respondent

"6. If:

   (a)  an applicant has complied with rule 3; and

   (b)  without reasonable excuse, the respondent fails to appear before a
        court as required by the application; the court may issue a warrant
        for the arrest of the respondent. Court may order that respondent be
        held in custody, etc.

"7. Pending the disposal of proceedings under this Order, the court may order:

   (a)  that the respondent be held in custody; or

   (b)  that the respondent:

        (i)    appear personally at the hearing; and

        (ii)   until the hearing-be released with security (in such sum as the
               court may direct), or without security.".