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s 21.04

Affidavit verifying written answers to interrogatories

In force
Chapter 2Original jurisdiction—proceedings generally
Part 21Interrogatories

21.04 Affidavit verifying written answers to interrogatories

(1)

An affidavit verifying a party’s written answers to interrogatories must be made by one of the following:

(a)

the party;

(b)

if the party is a person under a legal incapacity—the person’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 of 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 applying for the written answers 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 an office—the persons from whom the party may choose the person to make the affidavit.

(3)

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

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Section 21.04 — Affidavit verifying written answers to interrogatories — Federal Court Rules 2011 (Commonwealth) — Barrister AI