Commonwealth Numbered Regulations

1993 No. 160 FAMILY LAW RULES (AMENDMENT) - RULE 17

17.1 Subrules (2) and (3): Omit the subrules, substitute:

"(2) Within 28 days after a hearing day is fixed or within any other period
that the Registrar directs, the applicant must file and serve on each other
party to the proceedings who has an address for service:

   (a)  an affidavit setting out the applicant's evidence in chief; and

   (b)  for each witness whom the applicant intends to call at the hearing:

        (i)    an affidavit of the witness setting out the witness's evidence
               in chief; or

        (ii)   if the witness refuses to make an affidavit-a notice to that
               effect setting out the name of the witness.

"(3) Within a further 14 days or within any other period that the Registrar
directs, each party except the applicant must file and serve on each other
party including the applicant:

   (a)  an answering affidavit setting out the party's evidence in chief; and

   (b)  for each other witness whom the party intends to call at the hearing:

        (i)    an affidavit of the witness setting out the witness's evidence
               in chief; or

        (ii)   if the witness refuses to make an affidavit-a notice to that
               effect setting out the name of the witness. Admissibility of
               affidavits

"2AA. An affidavit is not admissible in evidence at the hearing of the
proceedings unless:

   (a)  it was filed as directed at a pre-hearing conference; or

   (b)  it was filed and served under rule 2; or

   (c)  the court orders otherwise. Admissibility of oral evidence

"2AB. Oral evidence in chief is admissible at the hearing only if:

   (a)  the witness refused to swear an affidavit and a notice to that effect
        was filed under rule 2; or

   (b)  the court gives leave.".