Family Justice (General) Rules 2024 · As enacted · Part 3 · Quasi-Criminal Proceedings
46. Application requiring consent of vulnerable adult or owner of residence (P. 3, r. 46)
Feedback & supportWhere an application under the Act requires the consent of a vulnerable adult —
the application must be supported by the consent of the vulnerable adult in Form 37; and
the consent of the vulnerable adult must be filed at the time the application is made.
Where an application under the Act requires the consent of every owner of the residence to which the application relates —
the application must be supported by the consent of every such owner in Form 38; and
the consent of every such owner may be filed at any time during the proceedings relating to the application.
The Court may, if it is satisfied that it is impracticable to obtain the written consent of the vulnerable adult or any owner of the residence to which the application relates, substitute the requirement in paragraph (1) or (2) with a requirement that the applicant file a declaration in Form 39.
The Court may dispense with the requirement in paragraph (1) or (2) if the vulnerable adult or every owner of the residence (as the case may be) appears at the hearing of the application to inform the Court that the vulnerable adult or owner consents to the application.
Subregulation 1
Where an application under the Act requires the consent of a vulnerable adult —
the application must be supported by the consent of the vulnerable adult in Form 37; and
the consent of the vulnerable adult must be filed at the time the application is made.
Subregulation 2
Where an application under the Act requires the consent of every owner of the residence to which the application relates —
the application must be supported by the consent of every such owner in Form 38; and
the consent of every such owner may be filed at any time during the proceedings relating to the application.
Subregulation 3
The Court may, if it is satisfied that it is impracticable to obtain the written consent of the vulnerable adult or any owner of the residence to which the application relates, substitute the requirement in paragraph (1) or (2) with a requirement that the applicant file a declaration in Form 39.
Subregulation 4
The Court may dispense with the requirement in paragraph (1) or (2) if the vulnerable adult or every owner of the residence (as the case may be) appears at the hearing of the application to inform the Court that the vulnerable adult or owner consents to the application.