Domestic Violence Amendment Rules 1997

  • revoked
  • Domestic Violence Amendment Rules 1997: revoked, on 1 July 2019, pursuant to section 259(2) of the Family Violence Act 2018 (2018 No 46).

Reprint as at 1 July 2019

Domestic Violence Amendment Rules 1997

(SR 1997/10)

Domestic Violence Amendment Rules 1997: revoked, on 1 July 2019, pursuant to section 259(2) of the Family Violence Act 2018 (2018 No 46).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

These rules are administered in the Ministry of Justice.

PURSUANT to section 126 of the Domestic Violence Act 1995, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following rules.

1 Title and commencement

(1)

These rules may be cited as the Domestic Violence Amendment Rules 1997, and are part of the Domestic Violence Rules 19961 (the “principal rules”).

(2)

These rules come into force on 1 March 1997.

2 Certificate of lawyer to be included in applications without notice

Rule 26(1) of the principal rules is amended by revoking paragraph (b), and substituting the following paragraph:

(b)

That the lawyer has made reasonable enquiries of the applicant to establish whether the relevant circumstances have been disclosed, and to the best of the lawyer’s knowledge every affidavit that accompanies the application discloses all such circumstances; and

3 Form DV 2 in Schedule 1 amended

Schedule 1 of the principal rules is consequentially amended by omitting, from Form DV 2, paragraph (b) of the item headed CERTIFICATE OF LAWYER, and substituting the following paragraph:

(b)

That I have made reasonable enquiries of the applicant to establish whether the relevant circumstances have been disclosed, and to the best of my knowledge every affidavit filed in support of this application discloses all such circumstances; and

MARIE SHROFF,

Clerk of the Executive Council.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 1 March 1997, amend rule 26 of the Domestic Violence Rules 1996.

Under that rule, a lawyer making an application without notice on behalf of a party for a protection order or a property order under the Domestic Violence Act 1995 must include a certificate stating, among other things, that the lawyer is satisfied that every affidavit accompanying the application discloses all relevant circumstances. The amendment recasts this part of the certificate so that it must now say that the lawyer has made reasonable enquiries of the applicant to establish whether the relevant circumstances have been disclosed, and to the best of the lawyer’s knowledge every affidavit accompanying the application discloses all such circumstances.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 30 January 1997.

Eprint notes
1 General

This is an eprint of the Domestic Violence Amendment Rules 1997 that incorporates all the amendments to those rules as at the date of the last amendment to them.

2 About this eprint

This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.

3 Amendments incorporated in this eprint

Family Violence Act 2018 (2018 No 46): section 259(2)

1 SR 1996/148