Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p29
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 29/100)
Character Range: 187793–190478

Consent parenting orders and allegations of child abuse, family violence or other risks of harm to children
 (1) This rule applies if an application is made to the court for an interlocutory parenting order by consent, unless the order is procedural only.
 (2) The parties to the application must comply with Division 2.2.1.
 (3) The parties must advise the court whether or not any allegations have been made in the proceeding of child abuse, family violence, or any risk of harm to a child in relation to whom the order is sought.
 (4) Each party must also advise the court, apart from any allegation made in the proceeding:
 (a) whether the party considers that the child concerned has been, or is at risk of being, subjected or exposed to abuse, neglect or family violence; and
 (b) whether the party considers that the party, or another party to the proceedings, has been, or is at risk of being, subjected to family violence.
 (5) If an allegation referred to in subrule (3) has been made, or a party advises the court of any concerns referred to in subrule (4), the parties must explain to the court how the proposed parenting order attempts to deal with the allegation or concern.
 (6) The parties may comply with subrules (3) to (5):
 (a) if a draft parenting order is lodged or is tendered to a judicial officer during a court event—by attaching to the draft parenting order the approved form for the purposes of this paragraph signed by each party or their legal representative; or
 (b) if the application is made orally during a court event—by each party or the party's legal representative advising the court of the required matters orally; or
 (c) if the application for the parenting order is to be considered in chambers—by each party attaching to the draft parenting order the approved form for the purposes of this paragraph signed by each party or the party's legal representative.

Chapter 6—Disclosure and subpoenas

Part 6.1—Duty of disclosure

Division 6.1.1—General duty of disclosure

6.01  General duty of disclosure
 (1) Subject to subrule (4), each party to a proceeding has a duty to the court and to each other party to give full and frank disclosure of all information relevant to the proceeding, in a timely manner.
Note: The proceedings to which the duty of disclosure applies include both parenting proceedings and financial proceedings. Failure to comply with the duty may result in the court excluding evidence that is not disclosed or imposing a consequence, including punishment for contempt of court.
 (2) The duty of disclosure applies from the start of the proceeding and continues until the proceeding is finalised.
Note: Parties are also