Australian Capital Territory Numbered Regulations

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DOMESTIC VIOLENCE AND PROTECTION ORDERS REGULATION 2009 (NO 10 OF 2009) - REG 90

Further interrogatories

    (1)     A party (the served party ) on whom interrogatories are served under section 89 must, within 21 days after the day of service—

        (a)     file an affidavit containing the party's answers to the interrogatories; and

        (b)     serve a copy of the affidavit on the party (the serving party ) who served the interrogatories.

Note     If a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

    (2)     The served party may, in the party's affidavit, object to answering any of the interrogatories on the ground that they are irrelevant, unnecessary, unreasonable, scandalous, vexatious, oppressive or not made honestly, or on any other ground.

    (3)     The serving party may apply to the Magistrates Court for an order that answers, or further and better answers, be given if—

        (a)     the served party fails to comply with subsection (1); or

        (b)     answers contained in an affidavit filed and served by the served party under subsection (1) are insufficient.

    (4)     On hearing an application for an order under subsection (3), the Magistrates Court may order that answers, or further and better answers, be given in the way, whether by oral examination or otherwise, and within the time, stated in the order.



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