13 Oct No general right to file Affidavits
The new Rules provide that as of 1 September 2021, there is no general right to file Affidavits. Rule 8.13 states that a party may file an Affidavit without the leave of the Court only if a provision of the Rules or an order of the Court allows the Affidavit to be filed in that way.
Affidavits are now only required to be filed in limited circumstances and are no longer required to be filed with Initiating Applications seeking final orders only.
Some circumstances which require an Affidavit be filled include when seeking interlocutory orders, urgent applications, or if the proceeding involves issues of child risk or abuse.
This rule also applies for Respondents responding to an Application. In these circumstances, Affidavits are only required to be filed by the Respondent if they oppose any of the interlocutory orders sought by the Applicant or if the Respondent seeks interlocutory orders in their Response Application.