QLDIn ForceAct
Legal Profession Act 2007
sec.648Matter may be decided on affidavit evidence
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### sec.648 Matter may be decided on affidavit evidence
If the committee receives in evidence an affidavit of 1 party, the committee may decide all or part of a discipline application or any relevant fact on the evidence given in the affidavit—
with the written consent of the other party; or
if the other party does not appear and—
the party filing the affidavit has given the other party a copy of the affidavit and the name of the person making the affidavit is included in a list of documents given to the other party as prescribed under a regulation; or
appropriate inquiries have been made as to the other party’s whereabouts and, in all the circumstances, it is reasonable for the matter to be decided in that party’s absence.
s 648 amd 2009 No. 24 s 1536
- (a) with the written consent of the other party; or
- (b) if the other party does not appear and— (i) the party filing the affidavit has given the other party a copy of the affidavit and the name of the person making the affidavit is included in a list of documents given to the other party as prescribed under a regulation; or (ii) appropriate inquiries have been made as to the other party’s whereabouts and, in all the circumstances, it is reasonable for the matter to be decided in that party’s absence.
- (i) the party filing the affidavit has given the other party a copy of the affidavit and the name of the person making the affidavit is included in a list of documents given to the other party as prescribed under a regulation; or
- (ii) appropriate inquiries have been made as to the other party’s whereabouts and, in all the circumstances, it is reasonable for the matter to be decided in that party’s absence.
- (i) the party filing the affidavit has given the other party a copy of the affidavit and the name of the person making the affidavit is included in a list of documents given to the other party as prescribed under a regulation; or
- (ii) appropriate inquiries have been made as to the other party’s whereabouts and, in all the circumstances, it is reasonable for the matter to be decided in that party’s absence.