Court Procedures Rules 2006

An affidavit to be used in a proceeding must be filed.

A copy of an affidavit intended to be used by a party in a proceeding must be served on each other active party—

if these rules or the court sets a time for service—not later than that time; or

if these rules or the court does not set a time for service—within a reasonable time before the hearing of the proceeding.

If an affidavit—

has not been filed; or

has not been served in accordance with this rule;

Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.

Subrule (2) and subrule (3) (b) do not apply to an application made without being served on another party.