FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 20.22 Deponent for affidavit for discovery
FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 20.22
Deponent for affidavit for discovery(1) An affidavit verifying a party's list of documents or an affidavit to be filed by a party under an order under rule 20.21 must be made by one of the following:
(a) the party;
(b) if the party is a person under a legal incapacity -- the party's litigation representative;
(c) if the party is a corporation or organisation -- an officer of the corporation or organisation;
(d) if the party is a body or persons lawfully suing or being sued in the name of the body or in the name of any officer or other person -- a member or officer of the body;
(e) if the party is the Crown or an officer of the Crown suing or being sued in the party's official capacity -- an officer of the Crown.
(2) However, if the party is a person mentioned in paragraph (1) (b), (c), (d) or (e), the party to whom discovery is made may apply to the Court for an order specifying:
(a) by name or otherwise -- the person to make the affidavit; or
(b) by reference to an officer or office -- the persons from whom the party may choose the person to make the affidavit.
(3) A person making an affidavit under paragraph (1) (c), (d) or (e) must know the facts to make the affidavit.