11Swearing of affidavit

11 Swearing of affidavit

(1)  Subject to subrule (3) , an affidavit sworn in the State must be sworn before any one of the following:

(a) a Judge or Associate Judge of the Supreme Court;

(b) the Registrar, Deputy Registrar, Assistant Deputy Registrar or a district registrar of the Supreme Court;

(c) a commissioner appointed under section 193 of the Supreme Court Civil Procedure Act 1932 ;

(d) an officer empowered by law to administer oaths;

(e) a magistrate;

(f) a justice within the meaning of the Justices of the Peace Act 2018 ;

(g) an Australian legal practitioner.

(2)  An affidavit sworn in any place out of the State may be sworn in accordance with the Supreme Court Rules 2000 .

(3)  Despite subrule (1) , an affidavit is not sufficient if it is sworn before –

(a) an Australian legal practitioner acting on behalf of the party on whose behalf the affidavit is being made; or

(b) the agent of such a practitioner; or

(c) an associate of the law practice of such a practitioner; or

(d) a legal practitioner associate of a law practice if the party on whose behalf the affidavit is being made is also an associate at the practice; or

(e) a party to the proceedings.