Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 20.22

  (1)   An affidavit verifying a party's list of documents or an affidavit to be filed by a party under an order under rule   20.21 must be made by one of the following:

  (a)   the party;

  (b)   if the party is a person under a legal incapacity--the party's litigation representative;

  (c)   if the party is a corporation or organisation--an officer of the corporation or organisation;

  (d)   if the party is a body or persons lawfully suing or being sued in the name of the body or in the name of any officer or other person--a member or officer of the body;

  (e)   if the party is the Crown or an officer of the Crown suing or being sued in the party's official capacity--an officer of the Crown.

  (2)   However, if the party is a person mentioned in paragraph   (1)(b), (c), (d) or (e), the party to whom discovery is made may apply to the Court for an order specifying:

  (a)   by name or otherwise--the person to make the affidavit; or

  (b)   by reference to an officer or office--the persons from whom the party may choose the person to make the affidavit.

  (3)   A person making an affidavit under paragraph   (1)(c), (d) or (e) must know the facts to make the affidavit.