(1)

If a party who is served with a Notice to Admit seeks to dispute a fact or document specified in the Notice, the party must serve on the party who served the Notice, within 14 days after it was served, a Notice Disputing the Fact or Document.

(2)

If a party does not serve a notice in accordance with subrule (1), the party is taken to admit, for the purposes of the case only, that the fact is true or the document is genuine.

Note
Section 191 of the Evidence Act 1995 sets out requirements about agreed facts as evidence in a case. However, subject to sections 4 and 5 of the Evidence Act 1995 , that Act does not apply to the Family Court of Western Australia or any other court of a State.

(3) If:

(a)

a party serves a Notice Disputing a Fact or Document; and

(b)

the fact or the genuineness of the document is later proved in the case;

the party who served the Notice may be ordered to pay the costs of proof.

Note
Sections 48 and 51 of the Evidence Act 1995 set out requirements about proof of documents. However, subject to sections 4 and 5 of the Evidence Act 1995 , that Act does not apply to the Family Court of Western Australia or any other court of a State.