Procter v Kalivis (No 2) [2010] FCA 663

There is no express requirement in the Federal Court Rules for a party to state in their affidavit of discovery the searches and inquiries made. There is no reason on the material before the court to conclude that the respondents have not made reasonable searches. The circumstances do not warrant allowing cross-examination on the affidavits of discovery.

Jurisdiction: Australia
Judgment Date: 25 June 2010
Procedural Posture: Discovery Application / Interlocutory Application – Application to Cross Examine Deponents on Affidavits of Discovery
Outcome: Application dismissed
Legal Topics: ['discovery' 'affidavits of Discovery' 'cross Examination of Deponents']

['civil Procedure'] ['discovery' 'affidavits of Discovery' 'cross Examination of Deponents']

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Procedural Posture

Discovery Application / Interlocutory Application – Application to Cross Examine Deponents on Affidavits of Discovery

Legal Issues

1 ['Whether applicants should be granted leave to cross-examine respondents on affidavits of discovery' 'Whether affidavits of discovery complied with the Federal Court Rules']

Ratio Decidendi

Court Disposition

Application dismissed

Orders

["The application for the order identified in paragraph 1 of the applicants' notice of motion dated 20 November 2009 be dismissed." "The applicants pay the respondents' costs of the application."]