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Part 3 · Standard Proceedings

57. Form and notification of false statement order or interim false statement order

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Amended

Last amended by an amending law of 2022.

(1)

A false statement order —

(a)

must be in Form 11;

(b)

must be served by the applicant on each relevant party of the order and every other person on whom the order is directed to be served under rule 68(1); and

(c)

must contain, or be served with an order of the court containing, the court’s directions mentioned in sub‑paragraph (b).

(2)

An interim false statement order —

(a)

must be in Form 11;

(b)

must be served by the applicant —

(i)

on each relevant party of the order, and every other person on whom the order is directed to be served under rule 68(1); and

(ii)

together with a copy each of the application for the interim false statement order and the affidavit in support of the application, if these were previously not served on the relevant party or person; and

(c)

must contain, or be served together with an order of the court containing, the court’s directions mentioned in sub‑paragraph (b)(i).

(3)

A stop publication order or an interim stop publication order (as the case may be) served on an individual or entity mentioned in section 15A(3) of the Act (called in this rule an additional relevant party), who was not identified in the order, must be served together with a notification in Form 12 naming that additional relevant party.

(4)

Where an order mentioned in paragraph (3) is to apply to another additional relevant party, who was not identified in the order or in a notification served under that paragraph, a further notification in Form 12 naming that other additional relevant party must be served with the order on that other additional relevant party.

(5)

A party who wishes to amend a notification, served by that party under paragraph (3) or (4) in respect of a person named in the notification, must do so by serving an amended notification on every additional relevant party who was served the notification before it was amended.

(6)

Every notification, further notification and amended notification mentioned in paragraph (3), (4) or (5) (as the case may be) must be filed before it is served, and such filing may be done without the permission of court.

Subregulation 1

A false statement order —

(a)

must be in Form 11;

(b)

must be served by the applicant on each relevant party of the order and every other person on whom the order is directed to be served under rule 68(1); and

(c)

must contain, or be served with an order of the court containing, the court’s directions mentioned in sub‑paragraph (b).

Subregulation 2

An interim false statement order —

(a)

must be in Form 11;

(b)

must be served by the applicant —

(i)

on each relevant party of the order, and every other person on whom the order is directed to be served under rule 68(1); and

(ii)

together with a copy each of the application for the interim false statement order and the affidavit in support of the application, if these were previously not served on the relevant party or person; and

(c)

must contain, or be served together with an order of the court containing, the court’s directions mentioned in sub‑paragraph (b)(i).

Subregulation 3

A stop publication order or an interim stop publication order (as the case may be) served on an individual or entity mentioned in section 15A(3) of the Act (called in this rule an additional relevant party), who was not identified in the order, must be served together with a notification in Form 12 naming that additional relevant party.

Subregulation 4

Where an order mentioned in paragraph (3) is to apply to another additional relevant party, who was not identified in the order or in a notification served under that paragraph, a further notification in Form 12 naming that other additional relevant party must be served with the order on that other additional relevant party.

Subregulation 5

A party who wishes to amend a notification, served by that party under paragraph (3) or (4) in respect of a person named in the notification, must do so by serving an amended notification on every additional relevant party who was served the notification before it was amended.

Subregulation 6

Every notification, further notification and amended notification mentioned in paragraph (3), (4) or (5) (as the case may be) must be filed before it is served, and such filing may be done without the permission of court.

Report

Part 4

Mandatory Treatment Order

Part 5

General Provisions Applicable to Protection from Harassment Proceedings

Part 6

Permission to Commence Proceedings Under Section 16I of Act

Part 7

Transfer of Proceedings Under Section 16J of Act

Part 8

General

Schedules