Victorian Consolidated Regulations Victorian Consolidated Regulations(1) If the defendant intends to rely on an affidavit in support of the application, the affidavit shall be filed with the summons.
(2) Where a statement in a document tends to establish a fact upon which the defendant relies and at the trial of the proceeding the document would be admissible by or under the Evidence (Miscellaneous Provisions) Act 1958 , the Evidence Act 2008 or any other Act to verify the fact, the affidavit may set forth the statement.
(3) An affidavit relied upon by the defendant may contain a statement of fact based on information and belief if the grounds are set out and, having regard to all the circumstances, the Court considers that the statement ought to be permitted.
(4) The defendant shall serve the summons and a copy of any affidavit in support and of any exhibit referred to in the affidavit on the plaintiff not less than 14 days before the day for hearing named in the summons.