Work Health Court Rules 1999

(1) Subject to rule 13.05, a party who is interrogated must answer each interrogatory in accordance with this rule.

(2) A party must make all reasonable enquiries to enable him or her to provide a proper answer to each interrogatory.

(a) specifically, by answering the substance of the interrogatory without evasion; and

(b) from his or her own knowledge of the fact or matter that is enquired after or, if the party has no such knowledge, subject to subrule (7), from a belief as to the fact or matter, irrespective of the source of the information from which the belief is formed.

(4) If a party has no personal knowledge of the fact or matter enquired after, for the purpose of enabling himself or herself to form such a belief, the party must make all reasonable enquiries to determine:

(a) whether a person has knowledge of the fact or matter that was acquired by the person in the capacity of the party's employee or agent; and

(5) A party must make the enquiries referred to in subrule (4) despite the fact that at the time the party is required to answer the interrogatory a person having the relevant knowledge has ceased to be an employee or agent.

(6) A party who has no knowledge of the fact or matter enquired after is taken not to have a belief as to the fact or matter if:

(a) he or she has no information relating to the fact or matter on which to form a belief; or

(b) if the party has such information – he or she has no belief that the information is true.

(7) A party is not required to answer from his or her belief if the belief is formed on information that the party could not, on the ground of privilege, be compelled to disclose.

(8) If the party interrogated is a corporation, this rule applies with the necessary changes as if:

(a) the person who answers the interrogatories on behalf of the corporation were the party; and

(b) the reference in subrule (4)(a) to an employee or agent of the party were a reference to an employee or agent of the corporation.