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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 13.28

Documents for appeal hearing if appeal book not required

             (1)  If an appeal book is not required, the documents that must be before the Judge on the hearing of the appeal are as follows:

                     (a)  the Notice of Appeal;

                     (b)  the order of the Judge of the Federal Circuit and Family Court (Division 2) or of the Family Law Magistrate of Western Australia;

                     (c)  reasons for judgment of the Judge of the Federal Circuit and Family Court (Division 2) or of the Family Law Magistrate of Western Australia;

                     (d)  any relevant previous or subsequent order;

                     (e)  the application relied on before the Judge of the Federal Circuit and Family Court (Division 2) or the Family Law Magistrate of Western Australia;

                      (f)  any response relied on before the Judge of the Federal Circuit and Family Court (Division 2) or the Family Law Magistrate of Western Australia;

                     (g)  relevant affidavits relied on before the Judge of the Federal Circuit and Family Court (Division 2) or the Family Law Magistrate of Western Australia;

                     (h)  any family consultant's report (as referred to in rule 3.11) received in evidence;

                      (i)  relevant exhibits tendered before the Judge of the Federal Circuit and Family Court (Division 2) or the Family Law Magistrate of Western Australia;

                      (j)  the relevant part or parts of the transcript of the hearing before the Judge of the Federal Circuit and Family Court (Division 2) or the Family Law Magistrate of Western Australia;

                     (k)  if the appeal involves a challenge to the exclusion of evidence--the document that is the subject of the challenge.

             (2)  The documents to be relied on in the appeal must not mention any offer to settle that has been made, or the terms of the offer unless the terms of the offer are relevant to the appeal.

   



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