Commonwealth Numbered Regulations
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1994 No. 25 FAMILY LAW RULES (AMENDMENT) - RULE 8
8. Schedule 1
8.1 Form 36 (Subpoena to give evidence) Omit "$500", substitute "$5000".
8.2 Form 37 (Subpoena to give evidence and produce documents) Omit "$500",
substitute "$5000".
8.3 Form 38 (Subpoena to produce documents) Omit "$500", substitute "$5000".
8.4 Form 41A (Undertaking): Omit the form, substitute:
FORM 41A Order 31, rule 10
UNDERTAKING On (insert date), ...................................., (insert
full name of person giving undertaking-Use block letters) UNDERTAKES
TO THE COURT: (insert text of the undertaking, using an annexure if necessary)
AND AGREES to be bound by this undertaking until *(insert date, if applicable)
*excused by the court.
CERTIFICATE OF PERSON
GIVING THE UNDERTAKING (to be signed if the person giving the undertaking is
available to sign) I acknowledge that:
(a) I give the above undertaking; and
(b) the nature and terms of the undertaking have been explained to me; and
(c) I promise the court that I will comply with the terms of the
undertaking; and
(d) the undertaking has the same effect as an order of the court; and
(e) if I breach the undertaking, I may be guilty of contempt of the court
and may be punished by a fine or imprisonment.
.................................
(Signature of person
giving the undertaking)
CERTIFICATE OF LEGAL REPRESENTATIVE (to be completed and signed if the person
giving the undertaking has legal representation) I am the legal representative
for the person giving the undertaking and I certify that I have explained to
the person giving the undertaking:
(a) the nature and terms of the undertaking; and
(b) that the undertaking is a promise to the court to comply with its
terms; and
(c) that the undertaking has the same effect as an order of the court; and
(d) that a breach of the undertaking may be a contempt of the court
punishable by a fine or imprisonment. I acknowledge that if the person
giving the undertaking has not signed above, I give the undertaking on
his or her behalf.
.................................
(Signature of legal
representative)
.................................
(Print name)
*Solicitor/*Counsel
* Omit if not applicable.
8.5 Form 51 (Warrant of arrest)
Omit "Notes" and the following notes, substitute:
"Note: This warrant must not be executed more than 12 months after the date of
issue unless the court otherwise orders.".
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