Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 8.02

Child representative
(1)
A party may apply for the appointment or removal of a child representative by filing an Application in a Case (Form 2).

Note
A party may ask for a procedural order orally (see paragraph (h) of item 3 of Table 11.1 in rule 11.01).

(2) If the court makes an order for the appointment of a child representative:

(a)
it may request that the representation be arranged by a legal aid body that is a relevant authority within the meaning of subsection 116C (5) of the Act; and

(b) it may order that the costs of the child representative be met by a party.

Note
Section 68L of the Act provides for the separate representation of children.

(3) A person appointed as a child representative:

(a)
must be aware of and have the guidelines for child representatives published by the court;

(b)
must file a Notice of Address for Service (Form 8);

(c)
must comply with these Rules and do anything required to be done by a party; and

(d)
may do anything permitted by these Rules to be done by a party.

(4)
If a child representative is appointed, the parties must conduct the case as if the child representative were a party.

(5) The appointment of a child representative ceases:

(a)
when the Application for Final Orders (Form 1) is determined or withdrawn; or

(b) if there is an appeal — when the appeal is determined or withdrawn.

Note 1
If a document or notice is served on or given to a party under these Rules, the document or notice must also be served on or given to any child representative (see subrule 7.04 (4)).
Note 2
This rule applies unless the court orders otherwise (see rule 1.12).



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