Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p58
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 58/100)
Character Range: 257956–260626

relevant to one subject or issue at a time, until the cross‑examination or re‑examination of all witnesses is completed.

Part 7.2—Assessors

7.33  Application of Part 7.2
  This Part applies to all applications other than:
 (a) an application for divorce; or
 (b) an application for an order that a marriage is a nullity; or
 (c) an application for a declaration as to the validity of a marriage, divorce or annulment.

7.34  Appointing an assessor
 (1) A party may apply for the appointment of an assessor by filing:
 (a) an Initiating Application (Family Law) and an affidavit; or
 (b) after a proceeding has started, an Application in a Proceeding and an affidavit.
 (2) The affidavit filed with the application must:
 (a) state:
 (i) the name of the proposed assessor; and
 (ii) the issue about which the assessor's assistance will be sought; and
 (iii) the assessor's qualifications, skill and experience to give the assistance; and
 (b) attach the written consent of the proposed assessor.
 (3) The court may appoint an assessor on its own initiative only if the court has:
 (a) notified the parties of the matters referred to in subrule (2); and
 (b) given the parties a reasonable opportunity to be heard in relation to the appointment.

7.35  Assessor's report
 (1) The court may direct an assessor to prepare a report.
 (2) A copy of the report must be given to each party and any independent children's lawyer.
 (3) An assessor must not be required to give evidence.
 (4) The court is not bound by an opinion or finding of the assessor, but there is a presumption that the court will adopt an opinion or finding of the assessor unless there are exceptional circumstances.

7.36  Remuneration of assessor
 (1) An assessor may:
 (a) be remunerated as determined by the court; and
 (b) be paid by the court, or a party or other person, as ordered by the court.
 (2) The court may order a party or other person to pay, or give security for payment of, the assessor's remuneration before the assessor is appointed to assist the court.

Chapter 8—Admissions and evidence

Part 8.1—Admissions
Note: To reduce cost and delay, parties are encouraged to make admissions in relation to facts and documents. The admission is for the purposes of the proceeding only, in order to narrow the issues in dispute. A party should give the other party written notice of any admissions as early as practicable in the proceeding. For example, if 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