Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p10
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 10/48)
Character Range: 37356–39940

(a) at least 3 days before the occasion for using it arises; or
 (b) if it is not practicable to comply with paragraph (a)—as soon as practicable before the occasion for using it arises.
Note: The copy of the affidavit need not be stamped.

1.37  Cross‑examination of deponent
 (1) A party to criminal proceedings may give notice requiring a person who has made an affidavit to attend for cross‑examination.
 (2) The notice under subrule (1) must be given to the party who filed the affidavit or proposes to use it.
 (3) If a person required to attend under subrule (1) fails to do so, the person's affidavit may not be used.
Note: The Court may dispense with compliance with these Rules—see rule 1.06.
 (4) If a person who has made an affidavit is cross‑examined, the party using the affidavit may re‑examine the person.
Note: Whether a party is entitled to cross‑examine an accused will be decided by the Court.

Division 1.9—Address for service

1.38  Address for service—general
 (1) A notice of address for service must be in accordance with Form CP10.
 (2) An address for service for a party to criminal proceedings must include the address of a place within Australia:
 (a) at which a document in the proceedings may, during ordinary business hours, be left for the party; and
 (b) to which a document in the proceedings may be posted to the party.
 (3) If a party to criminal proceedings is represented by a lawyer:
 (a) the address for service for the party must be the address of the lawyer; and
 (b) the party is taken to have agreed to the lawyer receiving documents at the lawyer's email address.
 (4) If a party to criminal proceedings is not represented by a lawyer and has provided an email address to the Court, the party is taken to have agreed to receive documents at that email address.
 (5) Subrules (3) and (4) do not apply in relation to the Commonwealth Director of Public Prosecutions.
 (6) A notice of address for service for a corporation must be filed by a lawyer.
Note 1: A corporation must not proceed in the Court other than by a lawyer—see subrule 1.27(2).
Note 2: The Court may dispense with compliance with these Rules—see rule 1.06.

1.39  Service of notice of address for service
  As soon as practicable after a party files a notice of address for service in criminal proceedings, the party must serve a stamped copy of the notice on each other party to the proceedings.
Note: The stamp of the District Registry will be affixed to the notice of address for service—see paragraph 2.01(2)(a) of the Federal Court Rules 2011.

1.40  Change of address