Commonwealth Consolidated Regulations

HIGH COURT RULES 2004 - RULE 24.01

24.01.1     An affidavit shall be made in the first person.

24.01.2     Where a deponent makes an affidavit in a professional or other occupational capacity, the affidavit shall state the deponent's place of business, the position the deponent holds and the name of the deponent's firm or employer, if any.

24.01.3     Where rule   24.01.2 does not apply the affidavit shall state the deponent's place of residence, the deponent's occupation or description, and if the deponent is a party to the proceeding or employed by a party the affidavit shall state that fact.

24.01.4     An affidavit shall be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct part of the subject.

24.01.5     An affidavit shall, except as provided by rule   24.01.6, be confined to such facts as the witness is able to prove of the witness's own knowledge.

24.01.6     On interlocutory proceedings an affidavit may contain statements of information and belief with the sources and grounds of that information and belief.

24.01.7     An affidavit may be sworn before a Justice, a Registrar, a person having authority to administer an oath and to take and receive affidavits for the purposes of the Federal Court of Australia, or the Supreme Court of a State or Territory, or a Justice of the Peace.

24.01.8     The name and title of the person before whom, and the date when and the place where, the affidavit was sworn shall be stated in the jurat.

24.01.9     Where the seal or signature, as the case may be, of a person authorised under rule   24.01.7 to take an affidavit appears on an affidavit, the Court, the Justices and Registrars and Marshal shall take judicial notice of that seal and signature.

24.01.10     An affidavit sworn before:

  (a)   a party;

  (b)   a partner in a firm which is a party; or

  (c)   an employee of a party other than a body politic;

shall not be used in evidence by or on behalf of the party.

24.01.11     Every affidavit shall be signed on each page by the person before whom the affidavit was sworn and, unless rule   24.01.12 applies, by the deponent.

24.01.12     The person before whom an affidavit is to be sworn may attest the affidavit only if:

  (a)   for a deponent who is blind or illiterate:

  (i)   the affidavit was first read to the deponent in the person's presence and the deponent appeared perfectly to understand it; and

  (ii)   the deponent made his or her signature or mark in the person's presence; and

  (iii)   the person certifies those facts in or below the jurat; or

  (b)   for a deponent who has had the assistance of an interpreter:

  (i)   the interpreter has sworn that he or she has interpreted accurately to the deponent the contents of the affidavit and the oath administered to the deponent, and that the deponent appeared to understand perfectly the affidavit and the oath; and

  (ii)   the person certifies those facts in or below the jurat.

24.01.13     A document referred to in an affidavit shall not be annexed to the affidavit but may be referred to as an exhibit and, if referred to as an exhibit, shall be filed with the affidavit.

24.01.14     An exhibit to an affidavit shall be identified by a separate certificate attached to it bearing the same heading as the affidavit and signed by the person before whom the affidavit is sworn.

24.01.15     The certificate attached to each exhibit to an affidavit shall bear a distinguishing mark for the exhibit and a brief and specific description of the exhibit.