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1996 No. 60 FAMILY LAW RULES (AMENDMENT) - SCHEDULE 7
SCHEDULE 7 Subrule 77.9
NEW FORMS 47, 48, 49 AND 49A
"FORM 47 Order 35, rule 10
(INSERT FORM 47-page 1) (INSERT FORM 47-page 2)
"FORM 48 Order 35, rule 5
(INSERT FORM 48-page 1) (INSERT FORM 48-page 2)
"FORM 49 Order 35, rule 6
(INSERT FORM 49-page 1) (INSERT FORM 49-page 2)
"FORM 49A Order 35, rule 8
INFORMATION IN THE *MAGISTRATES/*LOCAL COURT AT: TO: (insert full name and
address of defendant) BY ORDER of the Family Court of *Australia/*Western
Australia at (insert place) dated (insert date), a sealed copy of which is
attached,
*a sentence was imposed on you/*an order was directed to you.
1. I, (insert full name and address of informant), allege that you
have, without reasonable excuse, failed to comply with:
*the sentence/*order; or
*a requirement made in relation to the *sentence/*order by or under the
applied provisions.
*2. I apply for the issue of a summons.
*3. I believe, for the following reasons, that proceedings against you by
summons might not be effective (in numbered paragraphs concisely state the
reasons).
*4. I apply for the issue of a warrant.
*SWORN/*AFFIRMED AT:
DATED: 19 .
........................................ (Signature of informant) BEFORE ME:
.....................................................................
(Signature and title of person before whom information is sworn or affirmed)
SUMMONS (Court use only-not to be completed if a warrant is being issued) TO:
(insert full name and address of defendant) YOU ARE ORDERED to attend the
(insert name of court) Court at: (insert place of court) on: (insert date) at:
(insert time) and to attend from day to day, unless you are excused or
released from attendance by the court or a Registrar, until the hearing of the
above proceedings is completed. .................................. Magistrate
(NOTES: 1. Subsection 112AH (3) of the Family Law Act provides that the court
may issue a warrant for the arrest of a person who fails to attend before the
court as required by a summons. 2. In accordance with Order 35, subrule 8 (6),
if a person is arrested under a warrant issued under paragraph 112AH (2) (b)
of the Family Law Act , a copy of the sealed information must be served on
the defendant at the time the arrest is made.)
* Omit if not applicable. __________".
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