19 Sep Can you say anything in your affidavit?
When you commence proceedings in the Family Courts you are often required to file an affidavit.
An affidavit is a written statement of facts that is used to present your case and sets out your evidence to the Court.
Your affidavit must only state facts which are relevant to your particular matter and about which you have personal knowledge. The important point for our clients to understand is that the information in the affidavits must be relevant legally. Where affidavits contain opinions or particular views, this information is unlikely to be admissible as evidence to the Court.
Various Court rules provide that the Court may order unqualified opinion evidence, inadmissible, unnecessary, irrelevant, unreasonably long, scandalous or argumentative evidence to be struck out.
If the Court orders material to be struck out of an affidavit, then the party who filed the affidavit has paid for the affidavit and may then also be ordered to pay the costs thrown away by the other party in dealing with the inadmissible evidence
Your affidavit is crucial to your case and it is important that the evidence in your affidavit is planned and set out in a way that both advances your case and assists the Court. This is done in family law matters by addressing the relevant provisions in the Family Law Act 1975 (Cth) and will be influenced by whether your affidavit is in support of a property settlement matter, children’s matter or both.
Our solicitors at Merridy Elphick Lawyers are skilled at considering the evidence in your particular case and will ensure they undertake a careful review of your matter when preparing your documents.