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Court Procedures Rules
3802Rules in ch 2 disapplied
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3802 Rules in ch 2 disapplied
(1) Except as provided by subrule (2), chapter 2 does not apply to a
family violence or personal violence proceeding.
(2) The following rules apply, with any necessary changes, to a family
violence and personal violence proceeding:
(a) rule 30 (Who may start and carry on a proceeding);
(b) rule 270 (Consolidation etc of proceedings);
(c) rule 502 (Amendment—of documents);
(d) rule 1166 (Discontinuance or withdrawal by party representing
someone else etc);
Family violence and personal violence proceedings Part 3.12
Family violence and personal violence proceedings—general Division 3.12.1
Rule 3802
(e) rule 1401 (Directions generally);
(f) part 2.12 (Expert evidence);
(g) division 2.14.2 (Failure to comply with rules or order);
(h) rule 1506 (Trial—adjournment etc);
(i) rule 1508 (Order of evidence and addresses);
(j) rule 1600 (Orders—required by nature of case);
(k) rule 1601 (Judgment book);
(l) rule 1605 (1) and (2) (Orders—making and effect);
(m) rule 1607 (Orders—certified duplicate);
(n) rule 1608 (Orders—reasons);
(o) rule 1609 (Orders—reservation of decision);
(p) part 2.18 (Enforcement);
(q) part 2.21 (Representation by solicitors) other than
rule 2802 (3) (b);
(r) rule 2901 (Copies of documents from registrar) but not in
relation to an order or document that includes an affected
person’s home or work address or other information that may
allow the affected person to be located;
(s) rule 2903 (Inspection of registry files) but only—
(i) to the extent that it allows a party to the proceeding to
inspect, or take a copy of, a document filed in the registry
in relation to the proceeding; and
Part 3.12 Family violence and personal violence proceedings
Division 3.12.1 Family violence and personal violence proceedings—general
Rule 3803
(ii) in relation to a document that does not include an affected
person’s home or work address or other information that
may allow the affected person to be located.
Note 1 The court may, by order, dispense with the disapplication of a rule under
r (1) or the application of a rule under r (2) (see r 6 (Dispensing with
rules)).
Note 2 Court procedures must be as simple, quick and inexpensive as is
consistent with achieving justice (see Family Violence Act 2016, s 12 and
Personal Violence Act 2016, s 9).