Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2003 (NO 5) (NO 49 OF 2003) - SCHEDULE 1

Schedule 1     Other amendments—forms

(see r 3)

[1.1]     Forms 1.23 to 1.26

substitute

Form 1.23     Affidavit by party verifying list of documents

(see o 34 r 6)

[ Heading as in form 1.1 ]

On ( date, eg 6 February 2003 ), I ( name, address and occupation ) [*say on oath/solemnly affirm]—

1     I am the [*( name of party, eg plaintiff )/1 of the ( name of parties, eg plaintiffs )] in this action.

2     The list of documents [*set out below/ set out in annexure ( appropriate letter, ie ‘A' for the 1st annexure, ‘B' for the 2nd annexure etc )/ now produced by me and marked ( initials of person and identifying number, eg ABC 1 )] is my list of documents in this action.

3     I have made all appropriate searches and inquiries.

4     To the best of my knowledge, information and belief, the list of documents sets out all documents or groups of documents that I am required to disclose in this action.

5     To the extent that the list of documents claims privilege from production for a document or documents, I believe that the claim is properly made. ( omit this paragraph if no claim of privilege is made )

6     For each document stated to be no longer in my possession or power, the list of documents states to the best of my knowledge, information and belief who now has possession of, or power over, the document or what has become of the document.

( signature of person making affidavit )


[*Sworn/Affirmed] at


before me:

* Select appropriate words

Form 1.24         Affidavit by non-party verifying list of documents

(see o 34 r 6)

[ Heading as in form 1.1 ]

On ( date, eg 6 February 2003 ), I ( name, address and occupation ) [*say on oath/solemnly affirm]—

1     I make this affidavit on behalf of ( name ), who is the [*( name of party, eg plaintiff )/1 of the ( name of parties, eg plaintiffs )] in this action in my capacity as ( state capacity ).

2     I am authorised by the party to make this affidavit for the party.

(if this statement does not apply, eg if the party is a person with a legal disability, state instead, as concisely as possible, the basis on which the person making the affidavit makes the affidavit)

3     The list of documents [*set out below/ set out in annexure ( appropriate letter ie ‘A' for the 1st annexure, ‘B' for the 2nd annexure etc )/ now produced by me and marked ( initials of person and identifying number, eg ABC 1 )] is the list of documents of the party to this action.

4     To the best of my knowledge, information and belief, all appropriate searches and inquiries have been made by or on behalf of the party.

5     To the best of my knowledge, information and belief, the list of documents sets out all documents or groups of documents that the party is required to disclose in this action.

6     To the extent that the list of documents claims privilege from production for a document or documents, I believe that the claim is properly made. ( omit this paragraph if no claim of privilege is made )

7     For each document stated to be no longer in the party's possession or power, the list of documents states to the best of my knowledge, information and belief who now has possession of, or power over, the document or what has become of the document.

( signature of person making affidavit )


[*Sworn/Affirmed] at


before me:

* Select appropriate words

Form 1.25     Affidavit by party verifying answers to interrogatories

(see o 34 r 18)

[ Heading as in form 1.1 ]

On ( date, eg 6 February 2003 ), I ( name, address and occupation ) [*say on oath/solemnly affirm]—

1     The interrogatories served on me in this action by [ state the party serving the interrogatories ], and my answers to the interrogatories, are as set out below.

2     To the best of my knowledge, information and belief, the answers are true.

( set out each interrogatory and answer (or objection) )

( signature of person making affidavit )


[*Sworn/Affirmed] at


before me:

* Select appropriate words

Form 1.26     Affidavit by a non-party verifying answers to interrogatories

(s ee o 34 r 18)

[[ Heading as in form 1.1 ]

On ( date, eg 6 February 2003 ), I ( name, address and occupation ) [*say on oath/solemnly affirm]—

1     The interrogatories served on ( state the party on whom the interrogatories were served ) in this action by ( state the party serving the interrogatories ), and the answers of ( state the party on whom the interrogatories were served ) to the interrogatories, are as set out below.

2     To the best of my knowledge, information and belief, the answers are true.

3     I verify these answers on behalf of ( name ), who is the [*( name of party, eg plaintiff )/1 of the ( name of parties, eg plaintiffs )] in this action in my capacity as ( state capacity ).

4     I am authorised by the party to verify these answers.

( if this statement does not apply, eg if the party is a person with a legal disability, state instead, as concisely as possible, the basis on which the person making the affidavit makes the affidavit )

( set out each interrogatory and answer (or objection) )

( signature of person making affidavit )


[*Sworn/Affirmed] at


before me:

* Select appropriate words