QLDIn ForceRegulation
Queensland Civil and Administrative Tribunal Rules 2009
sec.42Affidavit proving document was given
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### sec.42 Affidavit proving document was given
This rule applies if proof of the giving of a document required to be given under the Act , an enabling Act or these rules is required—
under a provision of the Act , an enabling Act or these rules; or
by the tribunal.
section 50 (5) of the Act
The proof must be given by affidavit.
If the affidavit is about giving a document by personal delivery, the affidavit must—
be made by the person who personally delivered the document; and
include the following—
the person’s full name;
the time, day and date the document was personally delivered;
the place where the document was personally delivered;
the name of the person to whom the document was personally delivered and how the person was identified.
If the affidavit is about giving a document other than by personal delivery, the affidavit—
must state the relevant dates and the facts showing the document has been given; and
may be made on information given to, or the belief of, the person giving the document; and
if made on information given to the person giving the document—must state the source of the information.
Also, the affidavit must—
have the document filed with it as an exhibit or be written on the document; or
if the document has been filed—mention the document in a way sufficient to enable the document to be identified.
(sec.42-ssec.1) This rule applies if proof of the giving of a document required to be given under the Act , an enabling Act or these rules is required— under a provision of the Act , an enabling Act or these rules; or by the tribunal. section 50 (5) of the Act
(sec.42-ssec.2) The proof must be given by affidavit.
(sec.42-ssec.3) If the affidavit is about giving a document by personal delivery, the affidavit must— be made by the person who personally delivered the document; and include the following— the person’s full name; the time, day and date the document was personally delivered; the place where the document was personally delivered; the name of the person to whom the document was personally delivered and how the person was identified.
(sec.42-ssec.4) If the affidavit is about giving a document other than by personal delivery, the affidavit— must state the relevant dates and the facts showing the document has been given; and may be made on information given to, or the belief of, the person giving the document; and if made on information given to the person giving the document—must state the source of the information.
(sec.42-ssec.5) Also, the affidavit must— have the document filed with it as an exhibit or be written on the document; or if the document has been filed—mention the document in a way sufficient to enable the document to be identified.
- (a) under a provision of the Act , an enabling Act or these rules; or
- (b) by the tribunal.
- (a) be made by the person who personally delivered the document; and
- (b) include the following— (i) the person’s full name; (ii) the time, day and date the document was personally delivered; (iii) the place where the document was personally delivered; (iv) the name of the person to whom the document was personally delivered and how the person was identified.
- (i) the person’s full name;
- (ii) the time, day and date the document was personally delivered;
- (iii) the place where the document was personally delivered;
- (iv) the name of the person to whom the document was personally delivered and how the person was identified.
- (i) the person’s full name;
- (ii) the time, day and date the document was personally delivered;
- (iii) the place where the document was personally delivered;
- (iv) the name of the person to whom the document was personally delivered and how the person was identified.
- (a) must state the relevant dates and the facts showing the document has been given; and
- (b) may be made on information given to, or the belief of, the person giving the document; and
- (c) if made on information given to the person giving the document—must state the source of the information.
- (a) have the document filed with it as an exhibit or be written on the document; or
- (b) if the document has been filed—mention the document in a way sufficient to enable the document to be identified.