10Lodgement of affidavit

10 Lodgement of affidavit

(1)  An affidavit, other than an answering affidavit or affidavit in reply, is not to be used during the hearing of an application unless –

(a) it has been lodged with the Secretary; and

(b) a copy has been served on each party concerned at least 7 days, or such other period as determined by the Tribunal at a directions hearing in respect of the application, before the time appointed for the hearing of the application.

(2)  An answering affidavit or an affidavit in reply is not to be used during the hearing of an application unless it has been lodged and a copy has been served on each party concerned as soon as practicable.

(3)  If subrule (1) or (2) is not complied with, the Tribunal may –

(a) permit the affidavit to be used on any terms as determined by the Tribunal, despite the non-compliance; or

(b) adjourn the application on any terms as determined by the Tribunal and allow the affidavit to be read on the adjourned hearing.