Family Justice (General) Rules 2024 · As enacted · Part 2 · Proceedings Under Part 10 of Women’S Charter 1961
16. Affidavits for claims for ancillary relief (P. 2, r. 16)
Feedback & supportThe applicant and the respondent must file and exchange the First Ancillary Affidavit as follows:
in relation to a claim for ancillary relief made under Chapter 4 or 5 of Part 10 of the Act — within 28 days after the grant of an interim judgment or a judgment of judicial separation;
in relation to an application made under section 121B of the Act or section 17A(2)(c) of the Supreme Court of Judicature Act 1969 — within 28 days after the service of the originating application on the respondent.
The First Ancillary Affidavit of a party must —
set out —
in the case of the applicant, the applicant’s claim for ancillary relief and the particulars of that claim; or
in the case of the respondent, the respondent’s claim for ancillary relief and the particulars of that claim;
include all relevant evidence in support of the matters mentioned in sub‑paragraph (a); and
include all documents specified in Form 15 that are relevant to the matters mentioned in sub‑paragraph (a).
After the parties have exchanged their First Ancillary Affidavits, the parties may file and exchange a Second Ancillary Affidavit as follows:
where the parties’ First Ancillary Affidavits were exchanged on the same day — within 28 days after the date on which the First Ancillary Affidavits were exchanged, unless any party has filed an application for disclosure against any other party after that date;
in any other case — within any time that the Court may direct.
The Second Ancillary Affidavit of a party —
must contain only the following:
the party’s response to the matters set out in the First Ancillary Affidavit filed by the other party;
the particulars of any relevant circumstances that occurred or came to the party’s knowledge after that party filed his or her First Ancillary Affidavit;
all relevant evidence in support of the matters in sub‑paragraphs (i) and (ii); and
where the Court, pursuant to Rule 17(3), dispenses with the requirement for the party to file an affidavit mentioned in Part 9, Rule 11 — must be accompanied by the party’s list of disclosure.
Where a party’s Second Ancillary Affidavit refers to any document or information disclosed by the other party which is not included in the other party’s First or Second Ancillary Affidavit, the other party must file and serve on the firstmentioned party a Third Ancillary Affidavit that includes that document or information.
No further affidavit is to be received in evidence without the Court’s approval.
The Court may grant an application by a party for approval under paragraph (6) if the party —
seeks to introduce particulars of any relevant circumstances that occurred or came to the party’s knowledge only after the party filed his or her Second Ancillary Affidavit;
seeks to introduce any relevant evidence which became available to the party only after the party filed his or her Second Ancillary Affidavit;
seeks to introduce any evidence to rebut any assertion or allegation made by the other party for the first time in that party’s Second Ancillary Affidavit; or
satisfies the Court that there are any other special circumstances.
Unless the Court otherwise allows, the parties in a claim for ancillary relief are to rely only on the affidavits allowed under this Rule.
Subregulation 1
The applicant and the respondent must file and exchange the First Ancillary Affidavit as follows:
in relation to a claim for ancillary relief made under Chapter 4 or 5 of Part 10 of the Act — within 28 days after the grant of an interim judgment or a judgment of judicial separation;
in relation to an application made under section 121B of the Act or section 17A(2)(c) of the Supreme Court of Judicature Act 1969 — within 28 days after the service of the originating application on the respondent.
Subregulation 2
The First Ancillary Affidavit of a party must —
set out —
in the case of the applicant, the applicant’s claim for ancillary relief and the particulars of that claim; or
in the case of the respondent, the respondent’s claim for ancillary relief and the particulars of that claim;
include all relevant evidence in support of the matters mentioned in sub‑paragraph (a); and
include all documents specified in Form 15 that are relevant to the matters mentioned in sub‑paragraph (a).
Subregulation 3
After the parties have exchanged their First Ancillary Affidavits, the parties may file and exchange a Second Ancillary Affidavit as follows:
where the parties’ First Ancillary Affidavits were exchanged on the same day — within 28 days after the date on which the First Ancillary Affidavits were exchanged, unless any party has filed an application for disclosure against any other party after that date;
in any other case — within any time that the Court may direct.
Subregulation 4
The Second Ancillary Affidavit of a party —
must contain only the following:
the party’s response to the matters set out in the First Ancillary Affidavit filed by the other party;
the particulars of any relevant circumstances that occurred or came to the party’s knowledge after that party filed his or her First Ancillary Affidavit;
all relevant evidence in support of the matters in sub‑paragraphs (i) and (ii); and
where the Court, pursuant to Rule 17(3), dispenses with the requirement for the party to file an affidavit mentioned in Part 9, Rule 11 — must be accompanied by the party’s list of disclosure.
Subregulation 5
Where a party’s Second Ancillary Affidavit refers to any document or information disclosed by the other party which is not included in the other party’s First or Second Ancillary Affidavit, the other party must file and serve on the firstmentioned party a Third Ancillary Affidavit that includes that document or information.
Subregulation 6
No further affidavit is to be received in evidence without the Court’s approval.
Subregulation 7
The Court may grant an application by a party for approval under paragraph (6) if the party —
seeks to introduce particulars of any relevant circumstances that occurred or came to the party’s knowledge only after the party filed his or her Second Ancillary Affidavit;
seeks to introduce any relevant evidence which became available to the party only after the party filed his or her Second Ancillary Affidavit;
seeks to introduce any evidence to rebut any assertion or allegation made by the other party for the first time in that party’s Second Ancillary Affidavit; or
satisfies the Court that there are any other special circumstances.
Subregulation 8
Unless the Court otherwise allows, the parties in a claim for ancillary relief are to rely only on the affidavits allowed under this Rule.