Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(SCR o 40 r 4 and o 80 r 3; MC(CJ)R s 212; NSW r 35.6; Qld r 435)
(1) A document to be used with an affidavit must, if convenient, be annexed to the affidavit.
(2) However, an annexure to an affidavit must not be longer than 20 pages and, if there is more than 1 annexure to an affidavit, the annexures must not total more than 20 pages.
(3) Each annexure must be identified sequentially on its 1st page by a letter, starting at ‘A' for the 1st annexure.
(4) Each annexure must include on its 1st page a statement—
(a) identifying the annexure as the annexure mentioned in the affidavit of the person making the affidavit, and
(b) signed by the person before whom the affidavit is taken.
Note If a form is approved under the Court Procedures Act 2004 , s 8 for this provision, the form must be used.
(5) A group of different documents may form a single annexure.
(6) If it is not practicable to annex a document to be used with an affidavit, a copy of the document may be annexed to the affidavit.
(7) If it is not convenient to annex a document (or a copy of the document) to an affidavit, the document may be made an exhibit to the affidavit.
(8) Each exhibit to the affidavit must be identified by a separate certificate.
(9) The certificate is the title page for the exhibit, and must be securely attached to the front of it.
(10) The certificate—
(a) must be signed by the person before whom the affidavit is taken; and
(b) must include the initials of the person making the affidavit, followed by an identifying number corresponding to the number of the exhibit.
Examples for r (10) (b)
1 for the 1st exhibit, the identifying number is 1
2 for the 4th exhibit, the identifying number is 4
Note 1 An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Note 2 If a form is approved under the Court Procedures Act 2004 , s 8 for this provision, the form must be used.
(11) An exhibit to an affidavit must be filed at the same time as the affidavit.
(12) Subrules (13) and (14) apply if—
(a) an exhibit to an affidavit contains a group of documents; or
(b) there is more than 1 documentary exhibit to an affidavit.
(13) The documents must be presented in a way that will facilitate the court's efficient and quick reference to them.
(14) As far as practicable—
(a) the documents must be bound in 1 or more books, with the pages numbered; and
(b) a certificate must be bound—
(i) if there is 1 book—at the front of the book; or
(ii) if there is more than 1 book—at the front of each book dealing with the exhibits in the book; and
(c) an index to each book must be bound immediately after the certificate.
(15) If a document or thing has been filed in a proceeding, whether or not as an annexure or exhibit to an affidavit, in a subsequent affidavit filed in the proceeding—
(a) the document or thing must not be made an annexure or exhibit to the affidavit; and
(b) the document or thing may be referred to in the affidavit in a way sufficient to enable the document or thing to be identified.