QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.434Alterations
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### sec.434 Alterations
This rule applies if there is an interlineation, erasure or other alteration in any part of an affidavit.
The affidavit may be filed but, unless the court orders otherwise, may be used only if the interlineation, erasure or other alteration—
has been initialled by the signatory or substitute signatory for the affidavit in the same way the signatory or substitute signatory signed the affidavit; and
has been initialled by the witness for the affidavit in the same way the witness signed the affidavit.
To remove any doubt, it is declared that an affidavit must not be altered after it has been made, signed and witnessed under the Oaths Act 1867 , whether the affidavit is in the form of a physical document or an electronic document.
In this rule—
physical document has the meaning given by the Oaths Act 1867 , section 1B .
r 434 amd 2022 SL No. 49 s 9 ; 2023 Act No. 23 s 247 sch 1 s 39 (3)
(sec.434-ssec.1) This rule applies if there is an interlineation, erasure or other alteration in any part of an affidavit.
(sec.434-ssec.2) The affidavit may be filed but, unless the court orders otherwise, may be used only if the interlineation, erasure or other alteration— has been initialled by the signatory or substitute signatory for the affidavit in the same way the signatory or substitute signatory signed the affidavit; and has been initialled by the witness for the affidavit in the same way the witness signed the affidavit.
(sec.434-ssec.3) To remove any doubt, it is declared that an affidavit must not be altered after it has been made, signed and witnessed under the Oaths Act 1867 , whether the affidavit is in the form of a physical document or an electronic document.
(sec.434-ssec.4) In this rule— physical document has the meaning given by the Oaths Act 1867 , section 1B .
- (a) has been initialled by the signatory or substitute signatory for the affidavit in the same way the signatory or substitute signatory signed the affidavit; and
- (b) has been initialled by the witness for the affidavit in the same way the witness signed the affidavit.