Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 22.39

Further evidence on appeal

        (1)         A party to an appeal, other than an appeal that is a hearing de novo , who seeks to apply for an order that the court receive further evidence on the hearing of the appeal, must file the application at least 14 days before the date of commencement of the sittings in which the appeal is listed for hearing.

        (2)         The affidavit filed with the application must either describe the nature of the further evidence or include the further evidence that the applicant wants the court to admit at the hearing of the appeal.

        (3)         Any other party to the appeal may file an affidavit in response to the application at least 7 days before the date of commencement of the sittings in which the appeal is listed for hearing.

        (4)         The hearing date for an application to adduce further evidence will be the same as the date fixed for hearing of the appeal or application for leave to appeal.

Note 1    For the rules on how to make an application, the procedure and by whom the application will be heard, see Division 22.7.1.

Note 2    Documents relating to further evidence should not be included in the appeal books.



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