Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 4.06

Cross-vesting matters
(1)
If a party filing an Application for Final Orders (Form 1) or a Response to Application for Final Orders (Form 1A) relies on a cross-vesting law, the party must specify, in the Form, the particular State or Territory law on which the party relies.

(2)
A party relying on a cross-vesting law after a case has started must file an Application in a Case (Form 2) seeking procedural orders in relation to the matter.

(3) A party to whom subrule (1) or (2) applies must also file an affidavit stating:

(a)
that the claim is based on the State or Territory law and the reasons why the Family Court should deal with the claim;

(b)
the rules of evidence and procedure (other than those of the relevant Family Court) on which the party relies; and

(c)
if the case involves a special federal matter — the grounds for claiming the matter involves a special federal matter.



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