Victorian Numbered Regulations

CHILDREN'S COURT (FAMILY VIOLENCE PROTECTION) AND (PERSONAL SAFETY INTERVENTION ORDERS) AMENDMENT RULES 2020 (SR NO 10 OF 2020) - REG 12

For Form 1 of the Children's Court (Family Violence Protection) Rules 2018 substitute —

" Form 1—Application for rehearing

Rule 12.02

In the Children's Court at: [ specify venue ] Case No:

Applicant: [ full name of applicant for rehearing ]

Applicant's address:

Respondent: [ full name of respondent to this application ]

Respondent's address:

Protected person or person protected by the order:

Address:

APPLICATION FOR REHEARING

Details of the application you would like reheard

I (the applicant) am the respondent to an application for a family violence intervention order.

The application was made at [ specify court location ] on [ date ].

The application came to my attention on [ date ].

Have you previously applied for a rehearing of this application? Yes*/No*

Note: If you failed to attend at the time fixed for the hearing of the application and the application was struck out by the Court, you will require leave of the Court to make another application.

Reasons for applying for rehearing

My reason for seeking a rehearing of the application is:

    ≤     I was not personally served with the application; or

    ≤     the application was not brought to my attention by an order for alternative service or substituted service prior to the making of the final order; or

    ≤     there are exceptional circumstances and a rehearing is fair and just.

These circumstances are: [ briefly state the reasons why you did not attend the hearing of the application ]

Affidavit

I [ full name ] of [ address ] *make oath/*affirm and say:

[ Insert statement to be sworn or affirmed in numbered paragraphs ]

The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.

*SWORN/*AFFIRMED at: [ place ] in the State of Victoria

ON: [ date ]

[ Signature of person swearing or affirming the affidavit contents, to be signed in front of the authorised affidavit taker ]

BEFORE ME:

[ Signature of authorised affidavit taker ]

ON: [ date ]

[ Full name, statement of the capacity in which the authorised affidavit taker has the authority to take the affidavit, and personal or professional address in legible writing, typing or stamp ]

A person authorised under Part 3 of the Oaths and Affirmations Act 2018 to take an affidavit.
*delete if inapplicable.".