Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 8.15

             (1)  An affidavit must:

                     (a)  be divided into consecutively numbered paragraphs, with each paragraph being, as far as possible, confined to a distinct part of the subject matter; and

                     (b)  state, at the beginning of the first page:

                              (i)  the file number of the proceeding for which the affidavit is sworn (or affirmed); and

                             (ii)  the full name of the party on whose behalf the affidavit is filed; and

                            (iii)  the full name of the deponent; and

                            (iv)  the full residential address of the deponent, unless disclosing this address would compromise the deponent's safety; and

                     (c)  have a statement at the end specifying:

                              (i)  the name of the witness before whom the affidavit is sworn (or affirmed) and signed; and

                             (ii)  the date when, and the place where, the affidavit is sworn (or affirmed) and signed; and

                     (d)  bear the name of the person who prepared the affidavit.

Note 1:       An affidavit must also comply with the requirements for documents in rule 2.14.

Note 2:       A professional witness may provide a business address in place of a residential address.

             (2)  If, in a parenting proceeding:

                     (a)  the deponent of an affidavit is a party; and

                     (b)  the affidavit does not disclose the deponent's address; and

                     (c)  the deponent's address has not already been provided to the court;

the deponent's address must be provided to the court by email and the address must not be disclosed other than in accordance with an order of the court.

             (3)  A document that is to be used in conjunction with an affidavit:

                     (a)  must be identified in the affidavit; and

                     (b)  must be filed as an annexure or an exhibit to the affidavit; and

                     (c)  must be paginated; and

                     (d)  must bear a statement signed by the person before whom the affidavit is made identifying it as the particular annexure or exhibit referred to in the affidavit; and

                     (e)  must not be accepted as evidence in the proceeding unless and until it is tendered in evidence at the hearing of the application and accepted into evidence by the court.

             (4)  A document annexed or exhibited to an affidavit must be served with the affidavit.