Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p66
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 66/100)
Character Range: 277055–279758

(2), the court may:
 (a) refuse to allow the deponent's affidavit to be relied on; or
 (b) allow the affidavit to be relied on only on the terms ordered by the court; or
 (c) order the deponent to attend for cross‑examination.
 (4) If:
 (a) a deponent attends court in response to a notice under subrule (2); and
 (b) the deponent is not cross‑examined, or the cross‑examination is of little or no evidentiary value;
the party who required the deponent's attendance may be ordered to pay the deponent's costs for attending and any costs incurred by the other party because of the notice.

8.21  Deponent's attendance and expenses
  The court may make orders for the attendance, and the payment of expenses, of a deponent who attends court for cross‑examination under rule 8.20.

Chapter 9—Transferring proceedings

Part 9.1—Change of venue

9.01  Change of venue
 (1) A party who files an application or response in a proceeding may apply to have the proceeding heard in another registry of the court.
 (2) An application under subrule (1) must be filed in the filing registry.
 (3) In considering an application under subrule (1), the court must have regard to:
 (a) the adequacy of the available facilities, having regard to any disability of a party or witness, and any safety concerns; and
 (b) the convenience of the parties; and
 (c) limiting the expense and the cost of the proceeding; and
 (d) whether the matter has been listed for final hearing; and
 (e) any other relevant matter.

Part 9.2—Transfer from Federal Circuit and Family Court (Division 1) to Federal Circuit and Family Court (Division 2)

9.02  Transfer to Federal Circuit and Family Court (Division 2)
 (1) The Chief Justice of the Federal Circuit and Family Court (Division 1) may, on the application of a party or on the Chief Justice's own initiative, transfer a family law or child support proceeding pending in the Court to the Federal Circuit and Family Court (Division 2) under section 52 of the Federal Circuit and Family Court Act.
 (2) Unless the Chief Justice otherwise orders, an application under this rule must be made by application supported by an affidavit or included in a response supported by an affidavit.
 (3) In addition to the factors to which the Chief Justice must have regard under subsection 52(3) of the Federal Circuit and Family Court Act in deciding whether to transfer a proceeding to the Federal Circuit and Family Court (Division 2), the Chief Justice must have regard to the following matters:
 (a) whether the proceeding is likely to involve questions of general importance, such that it would be desirable for there to be a decision of the Federal Circuit and Family Court (Division