Matter may be decided on affidavit evidence
648 Matter may be decided on affidavit evidence
If the committee receives in evidence an affidavit of 1 party, the committee may decide all or part of a discipline application or any relevant fact on the evidence given in the affidavit—
with the written consent of the other party; or
if the other party does not appear and—
the party filing the affidavit has given the other party a copy of the affidavit and the name of the person making the affidavit is included in a list of documents given to the other party as prescribed under a regulation; or
appropriate inquiries have been made as to the other party’s whereabouts and, in all the circumstances, it is reasonable for the matter to be decided in that party’s absence.
This provision refers to the regulations (a regulation
). Made under this Act:
- Legal Profession Regulation 2017
- Legal Profession (Australian Solicitors Conduct Rules) Notice 2024
- Legal Profession (Barristers Rules) Notice 2025
1 more instrument made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandum
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