Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 8.17

Affidavit of illiterate or vision impaired person etc.

  (1)   If the deponent is unable to read, or is physically incapable of signing it, the person before whom the affidavit is made must certify in or below the jurat that:

  (a)   the affidavit was read to the deponent; and

  (b)   the deponent seemed to understand the affidavit; and

  (c)   in the case of a deponent physically incapable of signing--the deponent indicated that the contents were true.

  (2)   Subrule   (1) does not apply if the deponent has read the affidavit using:

  (a)   a computer with a screen reader, text - to - speech software or a braille display; or

  (b)   other technology for the vision impaired.

  (3)   If the deponent does not have an adequate command of English:

  (a)   a translation of the affidavit and oath or affirmation must be read or given in writing to the deponent in a language that the deponent understands; and

  (b)   the translator must certify in or below the jurat that the translator has done so.

  (4)   If an affidavit is made by a deponent who is incapable of reading it or incapable of signing it and a certificate under subrule (1) or (3) does not appear on the affidavit, the affidavit must not be used in a proceeding unless the court is satisfied that:

  (a)   the affidavit was read or, if appropriate, a translation of the affidavit was read or given in writing, to the deponent; and

  (b)   the deponent seemed to understand the affidavit; and

  (c)   in the case of a deponent physically incapable of signing--the deponent indicated that the contents were true.



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