Fillable Printable Federal Court Affidavit Form - Australia
Fillable Printable Federal Court Affidavit Form - Australia
Federal Court Affidavit Form - Australia
1
Filed on behalf of(name & role of party)
Prepared by(name ofperson/lawyer)
Law firm(if applicable)
Tel
Fax
Email
Address forservice
(include state and postcode)
.
[Version 2 form approved09/05/2013]
Form 59
Rule 29.02(1)
Affidavit
No.of 20
Federal Court of Australia
District Registry: [State]
Division: [Division]
[Name of First Applicant] [if 2or more add "andanother" or "andothers"]
Applicant[s]
[Name of First Respondent] [if 2 or more add "and another" or "andothers"]
Respondent[s]
Affidavit of:[deponent's name]
Address:[deponent'saddress]
Occupation:[deponent'soccupation]
Date:[date affidavit sworn/affirmed]
[*Insert table ofcontents if affidavit (including annexures) exceeds 10 pages]Contents
Document
number
Details
Paragraph
Page
1
Affidavit of [deponent] in supportof [application] for[insert
details] [sworn/affirmed] on [date]
2
Annexure “[AB1]”, being copy of [brief description]
3
Annexure “[AB2]”, being copy of [brief description]
I [name address and occupation] [*either]sayon oath [*or]affirm:
1.[*]I am the [role of party eg Respondent] [*or]Iam the [positionof officer eg director] of
the [role of party eg Respondent] and I am authorised to makethis affidavit on the [role
of party eg Respondent]’s behalf. [*or]I am a witness.
2
2.[State which answers are true based on your own knowledgeand which are true to the
best of your knowledge, information and belief based on your inquiries of relevant
persons].
[Insert headings to identifysubject matter in paragraph(s).]
3.
(a)
4.
Sworn / Affirmed by the deponent
at [place]
in [State or Territory]
on [date]
Before me:
)
)
)
)
)
Signatureof deponent
Signatureof witness
[Name and qualification of witness]
[* Delete if inapplicable]
3
Instructions forcompletingaffidavits
[These instructions do not formpart of the affidavit and MUSTBE DELETED before the
affidavit is sworn or affirmed]
1.Each page ofthe affidavit (but not any annexure) must be signedby the deponent (other
than a deponent who is unable to sign because of a physical disability) andthe person
before whomit is sworn (r29.02(7)).
2.An affidavit must be made in thefirst person (r29.02(1)).
3.An affidavit must be divided into numbered paragraphs, each dealing with a separate
subject, to the extent practicable (r29.02(3)).
4.If facts in the affidavit are supported by a document, annex a copy of the documentto
the affidavit, unless the document is an original or is of such dimensions that it cannot be
annexed (r29.02(4)), in which case, it mustbe exhibited (r29.02(5)).
5.Each page ofthe affidavit, including any annexure, must beconsecutively numbered
starting with page 1 (r29.02(6)).
6.Attach a certificate to the first page of each annexure and exhibit.The certificate must
be entitled in the same manneras the affidavit and identifiedby the deponent’s initials
followed by anumber, startingwith 1 (r29.02(8)). For example, the first annexure of an
affidavit of James William Green would be identified as “JWG1”.The second annexure
would be “JWG2” and thefirst exhibit to thataffidavit would be“JWG3”. Nosubsequent
annexureor exhibit in any later affidavit sworn by the same deponent mayduplicate the
number of aprevious annexure or exhibit (r29.02(10)).
7.Each exhibit to an affidavit mustbe signed on the first page ofthe exhibit by the person
before whomthe affidavit is sworn (r29.02(11).
8.The deponent must swear or affirm the affidavit before a person authorised bylaw to
witness the swearing of affidavits (‘witness’).Persons authorisedto witness an affidavit
in Federal Court proceedingsare a Judge of the Court; the Registrar; a Deputy Registrar;
a District Registrar; a Deputy District Registrarauthorised under s 44 of theFederal
CourtofAustraliaAct; a member ofstaff of the FederalCourt authorised under s 44of
the FederalCourtofAustraliaAct; a justice of the peace; a commissioner for affidavits; a
commissioner fordeclarations; any other person who is authorised to administer oaths
for the purposesof the Federal Court or the High Court or theSupreme Court of a State
or Territory(includes lawyer with a currentpractising certificate).
9.Serve copies of all documentsexhibited or annexed to an affidavit with theaffidavit.
(r29.05).
10.If the deponent is illiterate, see rules29.04(1)& (5)). If the deponent is blind, see rules
29.04(2), (3)& (5)).If the deponent is incapable of signing theaffidavit becauseof a
physical disability, see rules29.04(4) & (5)).
