Notices to practitioners issued
by the Vic District Registrar
Filing
of Exhibits and Annexures to Affidavits
Note: this notice was revoked on 25 September 2009.
1. The filing and serving of affidavits
and exhibits or annexures to affidavits are dealt with
in Order 14 of the Federal Court Rules, and Practice Note
No 5 issued on 8 April 1994. This notice clarifies certain
matters not explicitly covered in those provisions.
2. Order 14, subrule 4(1) provides
that any original document to be used in conjunction with
an affidavit shall be exhibited and not annexed to the
affidavit.
3. For convenience, and consistency
a copy document (to be used in conjunction with an affidavit)
should also be exhibited and not annexed to the affidavit.
4. Unless the Court or a Judge otherwise
orders, exhibits should not
be filed in the Registry. However photocopies of documentary
exhibits should be provided to the Judge hearing the matter
prior to the hearing. For interlocutory applications the
copy documents should be submitted with the affidavit.
For a final hearing they should be included in a Court
Book. Reference should be made to the Notice covering
the provision of a Court Book.
5. Order 14, subrule 4(3) provides
that copies of all documents exhibited or annexed to an
affidavit shall be served with the affidavit.
6. Litigants who appear in person should
seek the assistance of an officer in the Registry in relation
to matters raised in this notice.
