Australian Capital Territory Numbered Regulations

DOMESTIC VIOLENCE AND PROTECTION ORDERS REGULATION 2009 (NO 10 OF 2009) - REG 75

    (1)     This section applies if—

        (a)     an affidavit of discovery is served on a party (the served party ) under the Act; and

        (b)     the served party is allowed, under the Act, to inspect a document mentioned in the affidavit.

    (2)     The prescribed admissions by the served party in favour of the party serving the affidavit have effect unless the Magistrates Court otherwise orders.

    (3)     For subsection (2), the prescribed admissions are—

        (a)     if the document is described in the affidavit as an original document—that the document is an original and was printed, written, signed or executed as it purports to have been; or

        (b)     if the document is described in the affidavit as a copy—that the document is a true copy.

    (4)     However, subsection (2) does not operate as an admission by the served party in relation to the document if the served party—

        (a)     has, by affidavit, denied the authenticity of the document; or

        (b)     not later than 14 days after the time set under the Act for inspection of a document, serves on the party giving inspection a notice that he or she disputes the authenticity of the document.

Note     Time is set under s 78, s 81 or s 84.