The Law of Affidavits 2nd ed

Australia Title

The second edition of this work, which covers the law and practice in relation to the use of affidavits, has been thoroughly updated and expanded, and now covers Singapore as well as Australia and New Zealand.

Affidavits are used in Courts and Tribunals including arbitrations, to provide the evidence-in-chief of witnesses. There are evidentiary, formal and procedural rules which apply to affidavits. Non-compliance can result in the evidence being excluded, the case being lost, or proceedings adjourned with adverse costs orders against the party, or against the lawyer who prepared the affidavit.

Most young lawyers serve an informal apprenticeship drafting affidavits under the supervision of more experienced colleagues, learning from their experience and saving their own references and precedents. Some, less fortunate are ‘thrown in at the deep end’ without guidance or supervision.

In addition, case management has created new pressures for compliance with short timetables for filing and serving affidavits, so there is no luxury of time available in preparing affidavits which involves taking relevant instructions, putting it into an admissible form without mistakes and so it can survive objections.

The Law of Affidavits provides a ready reference of evidentiary, formal and procedural rules together with precedents. As such, it is an essential book for all lawyers involved in preparing affidavits.

table of content

Acknowledgements
Explanatory Note
Table of Statutes
Table of Cases
Bibliography

1. Introduction
2. What is an affidavit?
3. Professional obligations
4. Preparation
5. The objectives – admissible, relevant and probative
6. Use of an affidavit
7. Form
8. The deponent and incapacity
9. Affirmations and oaths
10. Style
11. Content
12. Opinion
13. Attachments: annexures and exhibits
14. Filing
15. Service
16. Objections
17. Documentary evidence
18. Attendance of deponent
19. Use at the hearing
20. Irregularities and defects
21. Discretion
22. Cross-examination
23. False statements and contempt
24. Adverse consequences

Jurisdiction Summaries
Precedents