Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

1979 No. 140 FEDERAL COURT RULES - RULE 15.9

Deponent
9. (1) Subject to sub-rule (2), an affidavit verifying a list of documents of
a party or an affidavit to be filed by a party pursuant to an order under rule
8 may be made as follows-

   (a)  by the party;

   (b)  where the party is a person under disability, by his tutor;

   (c)  where the party is a corporation or organization by a member or
        officer of the corporation or organization;

   (d)  where 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, by
        a member or officer of the body;

   (e)  where the party is the Crown or an officer of the Crown suing or being
        sued in his official capacity, by an officer of the Crown.

(2) Where the party is a person to whom any of paragraphs (1) (c), (d) and (e)
applies and the affidavit is to be filed and served pursuant to an order, the
Court may-

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

   (b)  specify by description or otherwise the persons from whom the party
        may choose the person to make the affidavit.

(3) Subject to sub-rule (2), where the party is a person to whom any of
paragraphs (1) (c), (d) and (e) applies, the party shall choose a person to
make the affidavit who is qualified under the relevant paragraph and has
knowledge of the facts.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback