Press / to search

Chapter VIII - Evidence, Etc.

Section 37

Section 37: Evidence before the Controller

Section 37 sets affidavit evidence as the default before the Controller unless contrary directions are given. It also permits oral evidence and cross-examination of a party on the contents of an affidavit where the Controller considers that appropriate.

On this page

Need advice on Section 37?

This article is for general information. Refer to the Designs Act, 2000 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

Contact us

Statutory text

Bare law

Subject to any rules made under section 44, in any proceeding under this Act before the Controller, the evidence shall be given by affidavit in the absence of directions by the Controller to the contrary; but in any case in which the Controller thinks it right so to do he may take evidence viva voce in lieu of or in addition to evidence by affidavit or may allow any party to be cross-examined on the contents of his affidavit.

Rule and business relevance

In proceedings under the Act, evidence is ordinarily given by affidavit. The Controller may take evidence viva voce instead of, or in addition to, affidavit evidence, and may allow cross-examination on the affidavit's contents.

Limits and related provisions

Filing an affidavit does not make every assertion unchallengeable or guarantee that oral evidence will be allowed on demand. Check the current procedural rules and Controller directions for the particular proceeding.

Hypothetical business example

Hypothetical: an applicant supports a disputed factual statement by affidavit. The other party identifies an issue requiring testing and seeks the Controller's directions about cross-examination, rather than treating the affidavit as automatically conclusive proof.

Practical decision flow

Identify the facts requiring evidence and prepare a properly supported affidavit under the applicable procedure.

Comply with any direction for oral evidence or seek a reasoned procedural request where testing an affidavit is necessary.

Retain the underlying records and attend to the Controller's evidence and cross-examination directions.

Practical checklist

Do

  • Identify the facts requiring evidence and prepare a properly supported affidavit under the applicable procedure.
  • Comply with any direction for oral evidence or seek a reasoned procedural request where testing an affidavit is necessary.
  • Retain the underlying records and attend to the Controller's evidence and cross-examination directions.

Avoid

  • Filing an affidavit does not make every assertion unchallengeable or guarantee that oral evidence will be allowed on demand. Check the current procedural rules and Controller directions for the particular proceeding.

Glossary

Affidavit
A formal sworn or affirmed statement used as evidence under the applicable procedure.
Viva voce
Evidence given orally rather than solely through a written affidavit.

Frequently asked questions

Is affidavit evidence the normal starting point?

Yes, in the absence of contrary directions from the Controller, subject to the applicable statutory and rule framework.

Can oral evidence also be taken?

Yes. The Controller may take it in place of or in addition to affidavit evidence.

Is cross-examination automatically prohibited because evidence is written?

No. The Controller may allow a party to be cross-examined on the contents of the affidavit.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026