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Australia ends requirement to file exhibits at the family court: should England and Wales follow suit?
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A recent change in the rules of the family court in Australia ends the requirement for exhibits both generally and specifically to be filed at the court. Should England and Wales be following suit? The exhibits take up a huge amount of space in the paperwork at the court office. They are often duplicated in the bundle which is filed at the court for any hearing. Many of them are never looked at again after filing. This article looks at what could be procedural reform in England and Wales.
The change to the Australian family court rules was effective on 1 March 2018. A document that is to be used in conjunction with an affidavit and tendered in evidence in proceedings must be identified in the affidavit but must not be attached or annexed to the affidavit or filed as an exhibit to the affidavit. This is subject to any contrary rules or specific court orders. A hard copy of the document identified in the affidavit must be served contemporaneously with the affidavit. The document must then be tendered in evidence as necessary and required. New rule 15.08 replacing rule 15.12.
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