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Civil Procedure Rules




  PRACTICE DIRECTION – APPLICATIONS UNDER PARTICULAR STATUTES
 
 
  Contents of this Practice Direction
 
APPLICATIONS UNDER PART III OF THE FAMILY LAW REFORM ACT 1969 FOR USE OF SCIENTIFIC TESTS TO DETERMINE PARENTAGE    

APPLICATIONS IN PROCEEDINGS UNDER SECTION 55 OF THE NATIONAL DEBT ACT 1870
   
APPLICATIONS UNDER PART III OF THE FAMILY LAW REFORM ACT 1969 FOR USE OF SCIENTIFIC TESTS TO DETERMINE PARENTAGE
1.1   
In this section –
(1)
‘the Act’ means the Family Law Reform Act 1969;
(2)
‘direction’ means a direction under section 20(1) of the Act made in any proceedings in which a person's parentage falls to be determined;
(3)
‘responsible adult’ means a person having care and control of a person to whom paragraph 1.2 of this Practice Direction applies;
(4)
‘samples’ means bodily samples within the meaning of section 25 of the Act; and
(5)
‘tests’ means scientific tests within the meaning of section 25 of the Act.
 
1.2   
Where an application is made for a direction in respect of a person who is either –
 
(a)
under 16; or
(b)
suffering from a mental disorder within the meaning of the Mental Heath Act 1983 and is incapable of understanding the nature and process of the tests,

the application notice must state the name and address of the responsible adult.
 
1.3   
Unless the court orders otherwise –
(1)
the court will serve a copy of the application notice on every party to the proceedings other than the applicant; and
(2)
the applicant must serve a copy of the application notice personally on any other person who would be directed to give samples and, where paragraph 1.2 applies, on the responsible adult.
 
1.4   
Unless the court orders otherwise, where the court gives a direction –
(1)
the court will serve a copy of the direction on every party to the proceedings;
(2)
the applicant must serve a copy of the direction personally on any other person directed to give samples and, where paragraph 1.2 applies, on the responsible adult; and
(3)
further consideration of the proceedings shall be adjourned until the court receives a report of the tests carried out or samples taken.
 
1.5   
When the court receives the report of the tests carried out or samples taken, the court officer shall send a copy of the report to –
(1)
every party to the proceedings;
(2)
the responsible adult where paragraph 1.2 applies; and
(3)
every other person directed to give samples.

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APPLICATIONS IN PROCEEDINGS UNDER SECTION 55 OF THE NATIONAL DEBT ACT 1870
2.1   
Where a claim is brought under section 55 of the National Debt Act 1870, the claimant must apply to the court for directions about giving notice of the claim.
 
2.2   
The court may –
 
(a)
direct that notice of the proceedings shall be given by advertisement or by such other method as appropriate; or
(b)
dispense with notice.

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