Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 15.09

Making an affidavit

(1) An affidavit must be:

(a)
confined to facts about the issues in dispute;

(b)
confined to admissible evidence;

(c)
sworn by the deponent, in the presence of a witness;

(d)
signed at the bottom of each page by the deponent and the witness; and

(e)
filed after it is sworn.

(2)
Any insertion in, erasure or other alteration of, an affidavit must be initialled by the deponent and the witness.

(3)
A reference to a date (except the name of a month), number or amount of money must be written in figures.

Examples
1. The second of July, Nineteen Hundred and Sixty-Four must be written as `2 July 1964'.
2. Twenty dollars must be written as `$20.00'.

Note 1
Subsection 186 (1) of the Evidence Act 1995 specifies who may witness an affidavit. However, subject to sections 4 and 5 of the Evidence Act 1995 , that Act does not apply to the Family Court of Western Australia or any other court of a State.
Note 2
Rule 24.07 sets out the requirements for filing an affidavit by electronic communication.



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