An affidavit is a written statement, either sworn or affirmed, used as evidence in court. It is a crucial document in legal proceedings, particularly in the Federal Circuit and Family Court of Australia (FCFCOA). Here is a guide to understanding and drafting affidavits.
Importance of Affidavits
Affidavits are essential as they present a client’s evidence to the court, aiming to persuade the court to grant the orders sought. The requirements for affidavits are detailed in the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
Key Requirements for Affidavits
- Structure: Affidavits must be divided into consecutively numbered paragraphs, each confined to a distinct part of the subject matter.
- Identification: The first page must state the case file number, the full name of the party filing the affidavit, the deponent’s full name and residential address (unless it compromises safety), and the name of the witness before whom the affidavit was sworn or affirmed.
- Content: Affidavits must be confined to facts about the issues in dispute and admissible evidence. They must be sworn or affirmed by the deponent in the presence of a witness and signed at the bottom of each page by both the deponent and the witness.
Special Considerations
- Parenting Matters: If the affidavit relates to parenting matters and does not disclose the party’s address, the address must be provided to the court by email and not released without a court order.
- Documents: Any documents used with an affidavit must be identified, filed as annexures or exhibits, paginated, and signed by the witness. They must be served with the affidavit and accepted into evidence by the court.
Special Cases
- Blind or Illiterate Deponents: If the deponent is blind or illiterate, the affidavit must confirm that it was read to the deponent, who seemed to understand it, and indicated that the contents were true.
- Non-English Speakers: If the deponent does not understand English, a translation of the affidavit and oath must be provided in a language they understand, and the translator must certify the translation.
An affidavit is often the most important document in a legal case. It must be drafted with care to ensure it effectively presents the relevant evidence. While a well-drafted affidavit does not guarantee the desired outcome, it avoids criticism from the court and strengthens a party’s position.
Given the complexities involved in drafting affidavits, seeking professional legal advice is highly recommended. A qualified lawyer at My Legal Crunch, can provide guidance and ensure that any required affidavits meet all legal requirements and effectively supports your case.
