Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
Part 3.12 Family violence and personal violence proceedings
Division 3.12.1 Family violence and personal violence proceedings—general
3800 Terms used in Family Violence Act and Personal Violence Act
A term used in the Family Violence Act 2016
has the same meaning in this part.
Examples
affected person, protection order
Note An example is part of the rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
3801 Application—pt 3.12
This part only applies to a family violence or personal violence proceeding.
Note This part also applies to a proceeding under the Domestic Violence and Protection Orders Act 2008
(repealed) (see Family Violence Act 2016
, s 199 and Personal Violence Act 2016
, s 199).
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);
(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
(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).
3803 Other disapplied rules
The following rules do not apply to a family violence or personal violence proceeding:
(a) rule 6103 (1) (a) (i) (Documents—layout etc);
(b) rule 6120 (b) (Filing documents—number of copies);
(c) rule 6256 (Appeals from registrar's orders etc);
(d) division 6.8.3 (Service—Magistrates Court);
(e) rule 6430 (Service in Australia but outside ACT);
(f) rule 6435 (Service on children);
(g) rule 6436 (Service on people with mental disabilities);
(h) rule 6460 (Substituted service);
(i) rule 6464 (4) (Acceptance of service by solicitor);
(j) rule 6467 (2) (a) (iii) (Proof of service);
(k) rule 6469 (2) (b) (Change of address for service).