Australian Capital Territory Numbered Regulations

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PROTECTION ORDERS REGULATIONS 2002 (2002 NO 6) - REG 13

Order of presentation of cases (MCCJA s 183)

    (1)     In a proceeding, 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.

    (2)     The beginning party may make an address opening the party's case and may then present his or her 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 opposite party, the opposite party may elect to present evidence or not to present evidence.

    (4)     If the opposite party elects not to present evidence, the beginning party may make an address closing the party's case and then the opposite party may make an address stating his or her case.

    (5)     If the opposite party elects to present evidence, the opposite party may—

        (a)     first make an opening address; and

        (b)     then present the party's evidence; and

        (c)     finally make an address closing the party's case.

    (6)     If the opposite party elects to present evidence, the beginning party may make an address closing the beginning party's case after the opposite party has made a closing address.



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