Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p59
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 59/100)
Character Range: 260399–262875

admissions are made before the disclosure process, disclosure may be able to be limited and the costs of the proceeding reduced.

8.01  Request to admit
 (1) A party may, by serving a Notice to Admit on another party, ask the other party to admit, for the purposes of the proceeding only, that a fact is true or that a document is genuine.
 (2) A Notice to Admit must include a note to the effect that, under subrule 8.02(2), failure to serve a Notice Disputing a Fact or Document will result in the party being taken to have admitted that the fact is true or the document is genuine.
 (3) If a Notice to Admit relates to a document, the party serving the Notice must attach a copy of the document to the notice, unless:
 (a) the other party has a copy of the document; or
 (b) it is not practicable to attach a copy to the Notice.
 (4) If paragraph (3)(b) applies, the party serving the Notice must:
 (a) in the Notice:
 (i) identify the document; and
 (ii) specify a convenient place and time at which the document may be inspected; and
 (b) produce the document for inspection at the specified place and time.

8.02  Notice disputing fact or document
 (1) If a party who is served with a Notice to Admit seeks to dispute a fact or document specified in the Notice, the party must serve on the party who served the Notice, within 14 days after it was served, a Notice Disputing the Fact or Document.
 (2) If a party does not serve a Notice Disputing the Fact or Document in accordance with subrule (1), the party is taken to admit, for the purposes of the proceeding only, that the fact is true or the document is genuine.
 (3) If:
 (a) a party serves a Notice Disputing a Fact or Document; and
 (b) the fact or the genuineness of the document is later proved in the proceeding;
the party who served the Notice may be ordered to pay the costs of the proof.

8.03  Withdrawing admission
 (1) A party may withdraw an admission that a fact is true or that a document is genuine only with the court's permission or the consent of all parties.
 (2) When allowing a party to withdraw an admission, the court may order the party to pay any other party's costs thrown away.
 (3) In subrule (1):
admission includes an admission in a document in the proceeding or an admission that is taken to be made under subrule 8.02(2).

Part 8.2—Evidence
Note: The Evidence Act 1995 applies generally to family law proceedings in the Federal Circuit and Family Court, with some exceptions, for