Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 4.05

Affidavit to be filed with application or response

             (1)  A person filing an application or response, whether seeking final, interim or procedural orders, must also file an affidavit stating the facts relied on.

             (2)  However, an affidavit is not required:

                     (a)  in an application for interim or procedural orders--if the evidence relied on is in an affidavit or affidavits filed in the pending proceeding; or

                     (b)  in a proceeding that is not a child support proceeding or family law proceeding--if the person filing an application files a statement of claim or points of claim; or

                     (c)  in an application filed in the Fair Work Division in accordance with rule 45.04, 45.06, 45.07, 45.08, 45.09A or 45.12; or

                     (d)  in an application filed in accordance with rule 46.3.

             (3)  If a statement of claim or points of claim are filed under paragraph (2)(b), a respondent:

                     (a)  must file a defence or points of defence instead of an affidavit; and

                     (b)  may file a cross-claim.

Note:          Subsection 43(2) of the Act provides for the Rules of Court made under the Family Law Act and Federal Court of Australia Act 1976 to apply, with necessary modifications, to the practice and procedure of the Court for particular jurisdictions of the Court if the Rules are insufficient. Those Rules may be used to direct how pleadings are to be dealt with in the Court, if subrules 4.05(2) and (3) apply.



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