Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 30.05

Source for answers to interrogatories

    (1)     A party interrogated shall answer each interrogatory insofar as it is not objectionable in accordance with the following provisions—

        (a)     the party shall answer from the party's own knowledge of the fact or matter which is inquired after by the interrogatory, and, if the party has no such knowledge, from any belief the party has as to that fact or matter;

        (b)     a party who has no knowledge of the fact or matter inquired after shall be taken not to have a belief as to the fact or matter—

              (i)     where the party has no information relating to the fact or matter on which to form a belief; or

              (ii)     where, if the party has such information, for reasonable cause the party has no belief that the information is true;

        (c)     except as provided by paragraph (d), the party shall answer from any belief the party has as to the fact or matter inquired after irrespective of the source of the information on which the belief is formed;

        (d)     the party shall not be required to answer from the party's belief as to any fact or matter where the belief is formed on information that was given to the party in a communication the contents of which the party could not, on the ground of privilege, be compelled to disclose;

        (e)     where the party has no personal knowledge of the fact or matter inquired after, the party shall, for the purpose of enabling the party to form a belief as to the fact or matter (so far as the party can), make all reasonable inquiries to determine—

              (i)     whether any person has knowledge of the fact or matter which was acquired by that person in the capacity of that party's servant or agent; and

              (ii)     if that is the case, what that knowledge is;

        (f)     the party shall make the inquiries referred to in paragraph (e) notwithstanding that at the time the party is required to answer the interrogatory any person having the relevant knowledge has ceased to be that person's servant or agent;

        (g)     where the party is a corporation, this Rule applies, with any necessary modification, as if—

              (i)     the person who answers the interrogatories on behalf of the corporation were that party; and

              (ii)     in particular, as if the reference in paragraph (e) to a servant or agent of the party were a reference to a servant or agent of the corporation.

    (2)     Where an interrogatory relates to a fact or matter alleged in the pleading of the party interrogated, nothing in paragraph (1)(d) shall affect the right of the interrogating party to obtain information as to that fact or matter pursuant to an application of the kind referred to in Rule 13.11.



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