Australian Capital Territory Numbered Regulations

DOMESTIC VIOLENCE AND PROTECTION ORDERS REGULATION 2009 (NO 10 OF 2009) - REG 23

    (1)     Evidence in a proceeding on an application must be given orally.

    (2)     However, evidence may be given by affidavit—

        (a)     if the parties agree to allow affidavit evidence; or

        (b)     with the leave of the Magistrates Court.

Example of when Magistrates Court might give leave

If the court is satisfied that it would be unreasonable to require the applicant to give oral evidence.

Note 1     Affidavits are dealt with in div 5.2.

Note 2     An example is part of the regulation, 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).