Cross-border Justice Act 2009
28Onus of proving person's residency during cross-border
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28 Onus of proving person's residency during cross-border proceeding (1) Subsection (2) applies if either of the following are in issue in a proceeding: (a) for a cross-border proceeding – whether the person who is the subject of the proceeding ordinarily resides or resided in a cross-border region at a particular time during the proceeding; (b) for another proceeding – whether the person who is the subject of the proceeding ordinarily resides or resided in a cross-border region at a particular time during a cross-border proceeding. (2) The person has the onus of proving on the balance of probabilities the person does not or did not ordinarily reside in the region at the time.