Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 6719

(SCR o 40 r 13 and o 80 r 3; MC(CJ)R s 205; NSW r 35.1; Qld r 436)

    (1)     An affidavit that is irregular in form (including an affidavit that does not comply with any approved form for the affidavit)—

    (a)     may be filed and served; and

    (b)     may be used in a proceeding only with the court's leave.

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

    (2)     If the court gives leave, the court must note on the affidavit that it was used by leave.

    (3)     An affidavit used under subrule (2) is afterwards taken to be a regular affidavit.