Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p22
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 22/100)
Character Range: 171007–173626

a matter on short notice may be made to the registry.

5.04  Supporting affidavit to be filed with application
 (1) A party who applies for one or more interlocutory orders must, at the same time, file and serve an affidavit stating the facts relied on in support of the orders sought.
 (2) Subrule (1) does not apply to an application for review of an order of a Judicial Registrar.

5.05  Responding to an Application in a Proceeding
 (1) A respondent to an Application in a Proceeding who seeks to oppose the application, or seeks different orders, must file and serve a Response to an Application in a Proceeding.
 (2) A respondent who files and serves a Response to an Application in a Proceeding must, at the same time, file and serve an affidavit stating the facts relied on in support of the Response.
Note: A Response to an Application in a Proceeding must be filed and served within 28 days after service of the application to which it relates (see subrule 2.18(2)).

5.06  When affidavit in reply to a response may be filed
 (1) If:
 (a) a respondent files and serves a Response to an Application in a Proceeding seeking orders in a cause of action not referred to in the Application in a Proceeding; and
 (b) the applicant opposes the orders sought in the Response to an Application in a Proceeding;
the applicant may file and serve an affidavit in reply setting out the facts relied on.
 (2) In this rule:
cause of action includes a claim seeking an order for interlocutory relief.

5.07  Time for filing affidavits
  Each affidavit in support of or in opposition to an interlocutory application must be filed and served at least 2 business days before the date fixed for the hearing.

5.08  Limit on number and length of affidavits
 (1) The following affidavits may be relied on as evidence in chief at the hearing of an application for interlocutory orders:
 (a) subject to rule 5.06, one affidavit by each party;
 (b) one affidavit by each witness, provided the evidence is relevant and cannot be given by a party.
 (2) Unless express leave is granted by the court, an affidavit filed and served in support of or in opposition to an application for interlocutory orders must not exceed 25 pages.
 (3) Unless express leave is granted by the court, an affidavit filed and served in support of or in opposition to an application for interlocutory orders must not contain more than 10 annexures.

5.09  Duration of hearing of interlocutory application
 (1) Unless the court directs otherwise, the hearing of an application for interlocutory orders must be no longer than 2 hours.
 (2) Cross‑examination will