Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) In a proceeding on an application, the party (the beginning party ) on whom the burden of proof on an issue lies must begin.
Example
If the applicant is applying for a final order on the grounds that someone has engaged in domestic violence towards the applicant, the burden of proof is on the applicant to prove that someone has engaged in domestic violence and, because of that, the applicant must begin.
Note An example is part of the regulation, 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).
(2) The beginning party may make an address opening the party's case and may then present the party's evidence.
(3) If, at the end of the beginning party's evidence, no document or thing has been admitted in evidence after being tendered by the party responding to the beginning party (the opposite party ), the opposite party may elect to present evidence or not to present evidence.
(4) If the opposite party elects to present evidence—
(a) the opposite party may—
(i) first make an opening address; and
(ii) then present the party's evidence; and
(iii) finally make an address closing the party's case; and
(b) the beginning party may make an address closing the beginning party's case after the opposite party has made a closing address.
(5) If the opposite party elects not to present evidence—
(a) the beginning party may make an address closing the party's case; and
(b) then the opposite party may make an address stating the opposite party's case.