What's the deadline for filing my affidavit before a court hearing?

Here's the information about filing deadlines for affidavits, explained in plain English and with more detail:

In Plain English

The deadline for filing your affidavit depends on the court and the type of hearing:

  • Federal Circuit and Family Court (Family Law): For interlocutory applications (temporary orders), you must file and serve your affidavit at least 2 business days before the hearing (Federal Circuit and Family Court of Australia (Family Law) Rules 2021).
  • Federal Court: In criminal proceedings, you must serve a copy of your affidavit to each other party to the proceedings at least 3 days before the occasion for using it arises, or if it is not practicable to comply with that timeframe, as soon as practicable before the occasion for using it arises (Federal Court (Criminal Proceedings) Rules 2016).
  • Federal Court (Corporations): For interlocutory process, you must serve a copy of the interlocutory process and any supporting affidavit on each respondent at least 3 days before the date fixed for hearing (Federal Court (Corporations) Rules 2000).
  • Federal Court (Bankruptcy): There is no general rule for filing affidavits, but there are rules for specific situations. For example, an application to extend the time for compliance with a bankruptcy notice must be accompanied by an affidavit (Federal Court (Bankruptcy) Rules 2016).
  • High Court: The rules don't specify a time limit for filing affidavits, but state that an application, together with the affidavits in support, must be served within 7 days from the day the application is filed (High Court Rules 2004).

Detailed Explanation

Here's a breakdown of the rules regarding affidavit filing deadlines in different Australian courts, based on the provided context:

  1. Federal Circuit and Family Court of Australia (Family Law):

    • Rule 5.07 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 states that 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.

    • Federal Court:

    • Rule 29.08 of the Federal Court Rules 2011 states that a party intending to use an affidavit must serve it on each other interested party at least 3 days before the occasion for using it arises.

    • Rule 1.36 of the Federal Court (Criminal Proceedings) Rules 2016 states that a party to criminal proceedings who is intending to use an affidavit must serve a copy of it on each other party to the proceedings at least 3 days before the occasion for using it arises, or if it is not practicable to comply with that timeframe, as soon as practicable before the occasion for using it arises.

    • Federal Court (Corporations):

    • Rule 2.7 of the Federal Court (Corporations) Rules 2000 states that for interlocutory process, the applicant must serve a copy of the interlocutory process and any supporting affidavit on each respondent at least 3 days before the date fixed for hearing.

    • Federal Court (Bankruptcy):

    • Rule 3.02 of the Federal Court (Bankruptcy) Rules 2016 states that an application to set aside a bankruptcy notice must be supported by an affidavit, and the application and supporting affidavit must be served on the respondent creditor within 3 days after the application is filed.

    • Rule 3.03 of the Federal Court (Bankruptcy) Rules 2016 states that if the Court extends the time for compliance with the bankruptcy notice, the application, the supporting affidavit, and the order must be served on the respondent creditor within 3 days after the order is made.

    • High Court:

    • Rule 25.03 of the High Court Rules 2004 states that an application, together with the affidavits in support, must be served within 7 days from the day the application is filed.