Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p65
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 65/100)
Character Range: 274668–277262

(3) If the deponent does not have an adequate command of English:
 (a) a translation of the affidavit and oath or affirmation must be read or given in writing to the deponent in a language that the deponent understands; and
 (b) the translator must certify in or below the jurat that the translator has done so.
 (4) If an affidavit is made by a deponent who is incapable of reading it or incapable of signing it and a certificate under subrule (1) or (3) does not appear on the affidavit, the affidavit must not be used in a proceeding unless the court is satisfied that:
 (a) the affidavit was read or, if appropriate, a translation of the affidavit was read or given in writing, to the deponent; and
 (b) the deponent seemed to understand the affidavit; and
 (c) in the case of a deponent physically incapable of signing—the deponent indicated that the contents were true.

8.18  Objectionable material may be struck out
 (1) Subject to section 69ZT of the Family Law Act, the court may order material to be struck out of an affidavit at any stage in a proceeding if the material:
 (a) is inadmissible, unnecessary, irrelevant, prolix, scandalous or argumentative; or
 (b) contains opinions of persons not qualified to give them.
Note: Section 69ZT of the Family Law Act provides that some provisions of the Evidence Act 1995 do not apply to child related proceedings except in certain circumstances.
 (2) Unless the court otherwise directs, any costs caused by the material struck out must be paid by the party who filed the affidavit.

8.19  Use of affidavit without cross‑examination of maker
  The court may:
 (a) dispense with the attendance for cross‑examination of a deponent of an affidavit; or
 (b) direct that an affidavit be used without the deponent being cross‑examined on the affidavit.

8.20  Notice to attend for cross‑examination
 (1) This rule applies only to a trial.
 (2) A party seeking to cross‑examine a deponent must, at least 14 days before the earlier of the following:
 (a) the first day of the trial in which the affidavit is to be relied on in evidence;
 (b) the first day the affidavit is otherwise to be relied on in evidence;
give to the party who filed the affidavit a written notice stating the name of the deponent who is required to attend court for cross‑examination.
 (3) If a deponent fails to attend court in response to a notice under subrule (2), the court may:
 (a) refuse to allow the deponent's affidavit to be relied on; or
 (b) allow the affidavit to be relied on only on the terms ordered by the court; or
 (c) order the deponent to attend for