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The Family Proceedings (Amendment) (No. 4) Rules 1994

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25.  After rule 6.16 there shall be inserted a new rule as follows—

Applications and Orders under sections 33 and 34 of the Family Law Act 1986

6.17(1) In this rule “the 1986 Act” means the Family Law Act 1986.

(2) An application under section 33 of the 1986 Act shall be in Form C4 and an order made under that section shall be in Form C30.

(3) An application under section 34 of the 1986 Act shall be in Form C3 and an order made under that section shall be in Form C31.

(4) An application under section 33 or section 34 of the 1986 Act may be made ex parte in which case the applicant shall file the application—

(a)where the application is made by telephone, within 24 hours after the making of the application, or

(b)in any other case at the time when the application is made,

and shall serve a copy of the application on each respondent 48 hours after the making of the order.

(5) Where the court refuses to make an order on an ex parte application it may direct that the application be made inter partes..

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