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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 13 July 2020 at 01:48)
35.3 Persons who may make affidavit
(cf SCR Part 24, rule 7; DCR Part 22A, rule 7)
(1) If a party is required by these rules to file an affidavit or to verify any matter by affidavit, such an affidavit may be made by the party or—(a) if the party is a person under legal incapacity, by the party’s tutor, or(b) if the party is a corporation, by a member or officer of the corporation or (if it is in liquidation) by its liquidator, or(c) if the party is a body of persons lawfully suing or being sued—(i) in the name of the body, or(ii) in the name of any member or officer of the body, orby a member or officer of the body, or(iii) in the name of any other person associated with the body,(d) if the party is the Crown or an officer of the Crown suing or being sued in his or her official capacity, by an officer of the Crown, or(e) if the proceedings are being conducted in the party’s name by some other person pursuant to a right of subrogation or the terms of a contract of insurance—(i) by that other person, or(ii) if that other person is a corporation, by a member or officer of the corporation or (if it is in liquidation) by its liquidator.(2) Such an affidavit may also be made, in relation to proceedings in the Local Court—(a) by the party’s solicitor, or by a commercial agent with respect to debt collection (within the meaning of the Commercial Agents and Private Inquiry Agents Act 2004), in relation only to proceedings on an application for—(i) an instalment order, or(ii) an order for examination, or(iii) a writ of execution, or(iv) a garnishee order, or(v) default judgment (but only in the Small Claims Division), or(b) by a person holding a licence as a real estate agent, strata managing agent or on-site residential property manager within the meaning of the Property, Stock and Business Agents Act 2002 in relation only to—(i) proceedings on an application referred to in paragraph (a), or(ii) the filing of a certificate under section 51 of the Consumer, Trader and Tenancy Tribunal Act 2001.(2A) If more than one person is qualified to make an affidavit on behalf of a party, it is sufficient for such an affidavit to be made (subject to subrules (1) and (2)) by any one or more of them.(3) Subject to any order of the court, the person by whom an affidavit is made must be a person having knowledge of the facts deposed to in the affidavit.(4) If an affidavit is made by a person other than the party required to file or verify the affidavit, the affidavit must set out the facts that qualify the person to make the affidavit.(5) Subject to subrule (1), a requirement of these rules for an affidavit as to any matter may be satisfied by separate affidavits made by separate persons in relation to separate aspects of that matter.