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r 40.02

Evidence of witness

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Part 2Offers of compromise

40.02 Evidence of witness

(1)

Except where otherwise provided by any Act or these Rules, and subject to any agreement between the parties, evidence must be given—

(a)

on an interlocutory or other application in any proceeding, by affidavit;

(b)

at the hearing of a proceeding, orally.

(2)

If represented by an Australian lawyer, the following parties must give evidence by way of oral summary adopted on oath or affirmation—

(a)

the parties to an arbitration;

(b)

the driver of a motor vehicle in a claim for damages from a motor vehicle accident.

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