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Practice notes

Practice notes

By Law Institute Journal

Courts Practice & Procedure 

Federal Circuit Court of Australia. Filing Notices of Risk in the Federal Circuit Court of Australia – Victoria. The filing of a Notice of Risk is mandatory with any initiating application or response seeking parenting orders in the FCC. It is the prescribed form used for allegations of child abuse and family violence. If there is an allegation of child abuse, s67Z of the Family Law Act requires the Registry Manager to refer the Notice of Risk to the Victorian Department of Health and Human Services (DHHS) for consideration. Currently, a significant number of notices filed in the FCC in Victoria do not provide adequate information at Question 2 for the purposes of DHHS or the Court. If a person ticks “Yes” on the Notice in Question 2, they are required to complete the particulars of the alleged child abuse in the box provided under Question 2. It is not sufficient to complete that box by referring to affidavit material alone, eg “allegations contained in the affidavit” or words to that effect. The Notice itself must contain the details of any alleged abuse. Registry staff of the Melbourne and Dandenong Family Law Registries will no longer accept any notices which do not meet this requirement. These notices will be returned, together with the application or response seeking parenting orders, for amendment and particularisation of the alleged abuse within the notice.

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