Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:11:p2
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 11 (pt 2/11)
Character Range: 97337–99899

must file an affidavit stating the evidence on which each allegation set out in the notice is based, no later than the time the notice is filed.
 (3) Subrule (2) does not apply to a Notice of Child Abuse, Family Violence or Risk filed with an Application for Consent Orders in the Federal Circuit and Family Court.
Note: For additional obligations when an application is made for an interlocutory parenting order by consent, see rule 5.29, and when an application is made for a final parenting order by consent, see rule 10.05.

2.05  Notice of Child Abuse, Family Violence or Risk filed by an interested person
  If:
 (a) an interested person files a Notice of Child Abuse, Family Violence or Risk in a proceeding for the purposes of subsection 67Z(2) or 67ZBA(2) of the Family Law Act; and
 (b) the Notice of Child Abuse, Family Violence or Risk was not filed under rule 2.04;
the interested person must file an affidavit stating the evidence on which each allegation set out in the notice is based, no later than the time the notice is filed.

2.06  Amendment of Notice of Child Abuse, Family Violence or Risk
  If:
 (a) a person who is a party to a proceeding, or an interested person in the proceeding, has filed a Notice of Child Abuse, Family Violence or Risk in the proceeding; and
 (b) after filing the notice, the person becomes aware of new facts or circumstances that would require the person to file a notice for the purposes of subsection 67Z(2) or 67ZBA(2) of the Family Law Act in relation to those facts or circumstances;
the person must file:
 (c) a new Notice of Child Abuse, Family Violence or Risk setting out those facts or circumstances; and
 (d) an affidavit stating the evidence on which each allegation set out in the notice is based.
Note 1: A true copy of a Notice of Child Abuse, Family Violence or Risk that is filed for the purposes of subsection 67Z(2) or 67ZBA(2) of the Family Law Act must be served on the person to whom the allegations relate: see subsections 67Z(2) and 67ZBA(2) of the Family Law Act.
Note 2: If a Notice of Child Abuse, Family Violence or Risk filed in a proceeding alleges that a child to whom the proceeding relates has been abused or is at risk of being abused, the Registry Manager must notify a prescribed child welfare authority: see subsection 67Z(3) and paragraph 67ZBA(3)(b) of the Family Law Act.

2.07  Proceedings transferred from another court
 (1) This rule applies if a proceeding in which a parenting order is sought is transferred to the Federal Circuit and Family Court from another court.