What evidentiary standard must be met for evidence in chief at an interlocutory hearing?

At an interlocutory hearing in New South Wales, the evidentiary standard is that evidence in chief must be submitted as an affidavit unless the court orders otherwise. This requirement ensures that the evidence is properly documented and formally presented, allowing the judge to assess its reliability and relevance in the context of the case.

Affidavits serve a crucial role in interlocutory proceedings because they provide a sworn statement that can include facts, documents, and illustrations pertinent to the issues in dispute. This format allows for a clear, structured presentation of evidence that the court can rely on while determining interim matters. The flexibility to order otherwise allows the court to adapt to specific circumstances of a case, but the default position is to use affidavits as they maintain the integrity and formality of the process.

Other possible formats, such as verbal testimony or written statements, may not capture the same level of formality and might lack the necessary authenticity that sworn affidavits provide. Thus, the requirement for affidavits as the standard form of evidence reinforces the procedural integrity of interlocutory hearings.