Commonwealth Consolidated Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 - REG 25A.07

Service of application or notice of appeal

         (1)   The persons to be served with an application or appeal under this Part are:

                (a)    each respondent; and

               (b)    a parent or eligible carer of the child in relation to whom the application or appeal is made; and

                (c)    the Child Support Registrar; and

               (d)    for appeals from the SSAT -- the Executive Director of the SSAT and any other parties to the appeal.

         (2)   Except for an application for an order staying a decision or an urgent order for child maintenance, an application or appeal must be served at least 28 days before the hearing date.

         (3)   A person seeking to appeal a decision of the SSAT must serve a notice of the appeal on the SSAT within 7 days of the day of filing the appeal.

         (4)   Any documents on which the applicant or the appellant intends to rely must be served on the persons mentioned in subrule (1) at least 21 days before the hearing date.

         (5)   An applicant or an appellant must serve on each respondent, with the application or notice of appeal, a brochure called Child Support Applications approved by the Chief Federal Magistrate.

Note 1    The Assessment Act provides that the parties to a child support application should be the liable parent and the eligible carer. The Child Support Registrar does not need to be joined as a party but may intervene in the case if served with a copy of the application.

Note 2    For service of an application see Part 6.

Note 3    A response to an application must be filed and served within 14 days of service of the application to which it relates:  see subrule 4.03 (2).

Note 4    A response is not required in appeals but a notice of address for service under rule 6.01 must be filed and served.



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