Australian Capital Territory Numbered Regulations

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PROTECTION ORDERS REGULATIONS 2002 (2002 NO 6) - REG 86

Further interrogatories (MCCJA s 162 (5)-(8))

    (1)     A party on whom interrogatories are served under regulation 85 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 who served the interrogatories.

Note     If a form is approved under the Act, s 96 (Approved forms) for an affidavit, the form must be used.

    (2)     A party on whom interrogatories are served may, in his or her 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 party who served interrogatories may apply to the Magistrates Court for an order that answers, or further and better answers, be given if—

        (a)     a party to a proceeding fails to comply with subregulation (1); or

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

    (4)     On hearing an application for an order under subregulation (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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