Industrial Relations (Tribunals) Rules 2011
sec.50Evidence on affidavit
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sec.50 Evidence on affidavit
Evidence may be given by affidavit under a direction of the court, commission or registrar. However, if required by the court, commission or registrar, the person making the affidavit must appear to give evidence or for cross-examination. If the person making the affidavit does not appear as required, the affidavit can not be used in evidence without the leave of the court, commission or registrar. Unless the court, commission or registrar gives leave, an affidavit may be used in a proceeding only if it has been filed. The party filing an affidavit must immediately serve a copy of the affidavit on each other party to the proceeding. (sec.50-ssec.1) Evidence may be given by affidavit under a direction of the court, commission or registrar. (sec.50-ssec.2) However, if required by the court, commission or registrar, the person making the affidavit must appear to give evidence or for cross-examination. (sec.50-ssec.3) If the person making the affidavit does not appear as required, the affidavit can not be used in evidence without the leave of the court, commission or registrar. (sec.50-ssec.4) Unless the court, commission or registrar gives leave, an affidavit may be used in a proceeding only if it has been filed. (sec.50-ssec.5) The party filing an affidavit must immediately serve a copy of the affidavit on each other party to the proceeding.