Proceedings before and decision of registrar, evidence and costs
Evidence in proceedings before the registrar; section 69I164
1
Subject to rule 62(2) and as follows, evidence filed in any proceedings under the Act or these Rules may be given—
a
by witness statement, affidavit, statutory declaration; or
b
in any other form which would be admissible as evidence in proceedings before the court.
2
A witness statement may only be given in evidence if it includes a statement of truth.
3
The general rule is that evidence at hearings is to be by witness statement unless the registrar or any enactment requires otherwise.
4
For the purposes of these Rules, a statement of truth—
a
means a statement that the person making the statement believes that the facts stated in a particular document are true; and
b
shall be dated and signed by—
i
in the case of a witness statement, the maker of the statement,
ii
in any other case, the party or legal representative of such party.
5
In these Rules, a witness statement is a written statement signed by a person that contains the evidence which that person would be allowed to give orally.
6
Under these Rules, evidence shall only be considered filed when—
a
it has been received by the registrar; and
b
it has been sent to all other parties to the proceedings.