Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 8.20

             (1)  This rule applies only to a trial.

             (2)  A party seeking to cross-examine a deponent must, at least 14 days before the earlier of the following:

                     (a)  the first day of the trial in which the affidavit is to be relied on in evidence;

                     (b)  the first day the affidavit is otherwise to be relied on in evidence;

give to the party who filed the affidavit a written notice stating the name of the deponent who is required to attend court for cross-examination.

             (3)  If a deponent fails to attend court in response to a notice under subrule (2), the court may:

                     (a)  refuse to allow the deponent's affidavit to be relied on; or

                     (b)  allow the affidavit to be relied on only on the terms ordered by the court; or

                     (c)  order the deponent to attend for cross-examination.

             (4)  If:

                     (a)  a deponent attends court in response to a notice under subrule (2); and

                     (b)  the deponent is not cross-examined, or the cross-examination is of little or no evidentiary value;

the party who required the deponent's attendance may be ordered to pay the deponent's costs for attending and any costs incurred by the other party because of the notice.