Childrens Court Rules 2016
sec.25Parties to proceeding to be served
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sec.25 Parties to proceeding to be served
A party filing a document in the court for a proceeding must serve a copy of the document on each other party to the proceeding. See the Births, Deaths and Marriages Registration Act 2023 , section 71 for who is a party to an acknowledgement of sex proceeding. See rule 31 and the Births, Deaths and Marriages Registration Act 2023 , sections 46 , 57 and 63 for when the court may dispense with the requirement to serve particular documents. However, the child who is the subject of a proceeding must not be served with a copy of a filed document for a proceeding unless— if the proceeding is a CAO proceeding or child protection proceeding—the child is a participating child for the proceeding; or the court orders that the child is to be served with the copy; or an Act requires the child be served with the copy. Without limiting subrule (2) , subrule (1) applies only to the extent permitted by this division or an Act. r 25 amd 2024 SL No. 76 s 19 (sec.25-ssec.1) A party filing a document in the court for a proceeding must serve a copy of the document on each other party to the proceeding. See the Births, Deaths and Marriages Registration Act 2023 , section 71 for who is a party to an acknowledgement of sex proceeding. See rule 31 and the Births, Deaths and Marriages Registration Act 2023 , sections 46 , 57 and 63 for when the court may dispense with the requirement to serve particular documents. (sec.25-ssec.2) However, the child who is the subject of a proceeding must not be served with a copy of a filed document for a proceeding unless— if the proceeding is a CAO proceeding or child protection proceeding—the child is a participating child for the proceeding; or the court orders that the child is to be served with the copy; or an Act requires the child be served with the copy. (sec.25-ssec.3) Without limiting subrule (2) , subrule (1) applies only to the extent permitted by this division or an Act.
- 1 See the Births, Deaths and Marriages Registration Act 2023 , section 71 for who is a party to an acknowledgement of sex proceeding.
- 2 See rule 31 and the Births, Deaths and Marriages Registration Act 2023 , sections 46 , 57 and 63 for when the court may dispense with the requirement to serve particular documents.
- (a) if the proceeding is a CAO proceeding or child protection proceeding—the child is a participating child for the proceeding; or
- (b) the court orders that the child is to be served with the copy; or
- (c) an Act requires the child be served with the copy.