Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 22.44

Hearing date for application

(1) On the filing of an Application in a Case (Form 2), the Appeal Registrar must:

(a)
fix a date for a hearing of the application; or

(b) refer the application to a Judge in chambers if:

(i)
the application is for permission to appeal;
(ii)
the applicant has asked the court, in the application, to determine it without an oral hearing and the respondent has not objected to the request (see Part 5.4); or
(iii)
the Appeal Registrar considers it appropriate.

(2) The date fixed under paragraph (1) (a) for the hearing of an application must:

(a)
if the application is for adducing further evidence — be the same as that fixed for the hearing of the appeal;

(b)
if the appeal to which the application relates has been listed for a procedural hearing or hearing — be the same as the date for the procedural hearing or hearing; and

(c)
in any other case — be a date that is as near as practicable to 28 days after the filing of the application.



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