Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p22
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 22/154)
Character Range: 268358–271032

including a claim that the document is privileged from production.

Part 21—Interrogatories

21.01  Order for interrogatories
 (1) A party may apply to the Court for an order that another party provide written answers to interrogatories.
 (2) The application must be accompanied by an affidavit annexing the proposed interrogatories.

21.02  When application may be made
  A party must not make an application under rule 21.01 until 14 days after the pleadings have closed and, if an order has been made under Division 20.2, the parties have served any lists of documents.

21.03  Answers to interrogatories
 (1) A party who is ordered to answer interrogatories must do so by filing:
 (a) written answers in accordance with:
 (i) Form 40; and
 (ii) subrules (3) and (4); and
 (b) an affidavit verifying the answers in accordance with rule 21.04.
 (2) The party must serve the documents mentioned in subrule (1) on each party who has filed a notice of address for service.
 (3) The answers must address each interrogatory:
 (a) by directly answering the substance of the interrogatory; or
 (b) by objecting to answer the interrogatory on a ground mentioned in subrule (4) and briefly stating the facts on which the objection is based.
 (4) A party may object to answering an interrogatory only on one or more of the following grounds:
 (a) that the interrogatory does not relate to an issue raised on the pleadings and in issue;
 (b) that the interrogatory is vexatious or oppressive;
 (c) privilege.
Note: The Court will, in its order, specify the time for compliance.

21.04  Affidavit verifying written answers to interrogatories
 (1) An affidavit verifying a party's written answers to interrogatories must be made by one of the following:
 (a) the party;
 (b) if the party is a person under a legal incapacity—the person's litigation representative;
 (c) if the party is a corporation or organisation—an officer of the corporation or organisation;
 (d) if the party is a body of persons lawfully suing or being sued in the name of the body or in the name of any officer or other person—a member or officer of the body;
 (e) if the party is the Crown or an officer of the Crown suing or being sued in the party's official capacity—an officer of the Crown.
 (2) However, if the party is a person mentioned in paragraph (1)(b), (c), (d) or (e), the party applying for the written answers may apply to the Court for an order specifying:
 (a) by name or otherwise, the person to make the affidavit; or
 (b) by reference to an officer or an office—the persons from whom the party may choose the person to make the affidavit.
 (3) A person making an affidavit under paragraph