Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 2.04B

Filing and service

        (1)         In a case to which this Division applies, if any of the following persons makes an allegation of abuse or family violence the person must file a Notice of Child Abuse or Family Violence (Form 4):

        (a)         a party in the case;

        (b)         an independent children’s lawyer in the case;

        (c)         a person seeking to intervene in the case.

        (2)         A person who files a Form 4 must file an affidavit or affidavits setting out the evidence on which the allegations in the Form 4 are based, no later than the time the Form 4 is filed.

Note    The requirements for service of filed documents are set out in rule 7.04. For service of a notice filed in a case to which section 67Z of the Act applies, subsection 67Z (2) specifically requires that a person alleged in the notice to have abused a child in the case, or to be a person from whom a child in the case is at risk of being abused, must be served with a copy of the notice.



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