Answers to interrogatories (Form 40)

Interrogatories are written questions one party is ordered to answer on oath. Under rule 21.01 of the Federal Court Rules 2011 a party may apply for an order that another party answer interrogatories, but not until 14 days after the pleadings close (r 21.02). A party ordered to answer must file written answers in accordance with Form 40, together with an affidavit verifying them under rule 21.04 (r 21.03(1)). Each interrogatory must either be answered directly in substance, or objected to on one of three grounds with a brief statement of the facts supporting the objection (r 21.03(3), (4)).

When you need it

• The Court has ordered you (or your client) to answer another party's interrogatories.
• You need to object to some interrogatories on the permitted grounds: not relating to an issue raised on the pleadings and in issue, vexatious or oppressive, or privilege (r 21.03(4)).
• Not for asking interrogatories. The asking party applies under rule 21.01 with an affidavit annexing the proposed interrogatories.

1. 1

   Heading and the order

   Copy the proceeding heading and state the date of the order requiring answers, and which party is answering whose interrogatories.

2. 2

   Answer each interrogatory

   Repeat each interrogatory and answer it by directly addressing its substance (r 21.03(3)(a)). Avoid evasive or partial answers.

3. 3

   Object where justified

   For any interrogatory you will not answer, state the ground of objection and briefly the facts the objection is based on (r 21.03(3)(b), (4)).

4. 4

   Sign the answers

   Date and sign as the party or the party's lawyer.

5. 5

   Complete the verifying affidavit

   The deponent states their role, which answers are from their own knowledge and which are on information and belief after inquiries, and that the answers are true and complete. The deponent and witness sign each page. For a company the deponent is an officer who knows the facts (r 21.04).

• File the answers and verifying affidavit by the time set in the order (r 21.03, Note) through eLodgment or at a District Registry.
• Serve both documents on each party who has filed a notice of address for service (r 21.03(2)).
• If the answers are insufficient, the asking party can seek an order for a sufficient answer or for oral interrogation before the Court or a Registrar (r 21.05).

• Make the inquiries the affidavit says you have made. The deponent verifies that the answers are true and complete.
• Another party can tender a single answer, or part of one, as evidence (r 21.06), so make each answer accurate on its own.
• If the Court specified who must make the affidavit for a company or other body, use that person (r 21.04(2)).