Affidavits
- Courts (including the Federal Magistrates Court of Australia and the Family Court of Australia) receive evidence mainly in written form - and these written documents are known as "affidavits".
- An affidavit is a written statement signed by you and witnessed by somebody such as a Justice of the Peace or Solicitor, who is legally permitted to witness extremely important documents - to ensure the signatory is not only who he or she says he or she is, but that the signatory understands the seriousness of the document and the ramifications of telling lies.
- Your affidavit and the affidavits of any witnesses make up your case and it is this information that will be read by the judge when determining your matter.
- Your lawyer will gather from you all relevant information and show you what points need to be addressed by you to form the affidavit – it is important that affidavits are written in your own words, so your lawyer will not usually draft your affidavit totally on your behalf, but may proof read it for consistency and grammar etc.
- The affidavit needs to be succinct and address the issues relevant to your case - in some circumstances your life story may be interesting and relevant, but usually affidavits are to be focused and to the point.
- Affidavits for interim matters can contain hearsay material (meaning things that you did not directly experience yourself) for example things your children have told you or things you have heard other people say.
This website contains general information only. This website does not contain any legal advice. If you require legal advice, contact an Australian Legal Practitioner.
