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In forceAs enacted

Part 2 · Representations, Responses and Replies

5. Representations

(1)

A representor (X) may file representations in accordance with section 11(1B) and this regulation.

(2)

The representations must state —

(a)

the name and address of X;

(b)

the name and address of each authorised representative of X, if any; and

(c)

an email address for the service of documents.

(3)

The representations must include a copy of the restraining order.

(4)

Subject to any directions given by the Council, the representations must —

(a)

present the relevant facts and issues;

(b)

state the grounds for objecting to the restraining order, including —

(i)

any alleged error of fact or law;

(ii)

whether X is objecting to the whole or part of the restraining order; and

(iii)

if X is objecting to part of the restraining order — the part that X objects to; (c)present the arguments supporting each of those grounds; and

(d)

include all affidavits or other documents supporting those arguments.

(5)

If X proposes to call witnesses to give oral evidence, the representations must, for each proposed witness —

(a)

state his or her —

(i)

full name;

(ii)

identity card number, passport number or work pass number; and

(iii)

nationality and date of birth; and

(b)

give a description of the evidence proposed to be given and the relevance of that evidence.

(6)

If X intends to request the Council to make any directions, the representations must state the directions sought by X.

(7)

The representations must be signed and dated by X or any authorised representative of X.

Subregulation 1

A representor (X) may file representations in accordance with section 11(1B) and this regulation.

Subregulation 2

The representations must state —

(a)

the name and address of X;

(b)

the name and address of each authorised representative of X, if any; and

(c)

an email address for the service of documents.

Subregulation 3

The representations must include a copy of the restraining order.

Subregulation 4

Subject to any directions given by the Council, the representations must —

(a)

present the relevant facts and issues;

(b)

state the grounds for objecting to the restraining order, including —

(i)

any alleged error of fact or law;

(ii)

whether X is objecting to the whole or part of the restraining order; and

(iii)

if X is objecting to part of the restraining order — the part that X objects to; (c)present the arguments supporting each of those grounds; and

(d)

include all affidavits or other documents supporting those arguments.

Subregulation 5

If X proposes to call witnesses to give oral evidence, the representations must, for each proposed witness —

(a)

state his or her —

(i)

full name;

(ii)

identity card number, passport number or work pass number; and

(iii)

nationality and date of birth; and

(b)

give a description of the evidence proposed to be given and the relevance of that evidence.

Subregulation 6

If X intends to request the Council to make any directions, the representations must state the directions sought by X.

Subregulation 7

The representations must be signed and dated by X or any authorised representative of X.

Report

Part 3

Proceedings on Restraining Orders

Part 4

Final Provisions