Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) A person filing an application or response, whether seeking final, interim or procedural orders, must also file an affidavit stating the facts relied on.
(2) However, an affidavit is not required:
(a) in an application for interim or procedural orders--if the evidence relied on is in an affidavit or affidavits filed in the pending proceeding; or
(b) if the person filing an application files a statement of claim or points of claim; or
(c) in an application filed in the Fair Work Division in accordance with rule 30.04, 30.05, 30.06, 30.08 or 30.11; or
(d) in an application filed in accordance with rule 31.03.
(3) If a statement of claim or points of claim are filed, a respondent:
(a) must file a defence or points of defence instead of an affidavit; and
(b) may file a cross-claim.
Note: Paragraph 174(2)(b) of the Act provides for the Rules of Court made under the Federal Court of Australia Act 1976 to apply, with necessary modifications, to the practice and procedure of the Court for particular jurisdictions of the Court if these Rules are insufficient. The Federal Court Rules may be used to direct how pleadings are to be dealt with in the Court if subrules 4.04(2) and (3) of these Rules apply.