Queensland Consolidated Regulations

DOMESTIC AND FAMILY VIOLENCE PROTECTION RULES 2014 - REG 35

35 Requirements for affidavits

(1) This rule states—

(a) what must be included in an affidavit; and

(b) the form of an affidavit.

(2) An affidavit must state—

(a) the name of the person making the affidavit; and

(b) the name of the party on whose behalf it is filed.

(3) An affidavit must include only matters that are relevant to the proceedings.

(4) The body of an affidavit must be divided into paragraphs numbered consecutively.

(5) Each page of an affidavit must be numbered.

(6) An affidavit may contain statements based on information and belief if the person making the statement states the sources of the information and the grounds for the belief.

(7) An affidavit must include a statement that—

(a) either—

(i) the contents of the affidavit are true; or

(ii) if the contents of the affidavit are stated on the basis of information and belief—that those contents are true to the best of the knowledge of the person making the statement; and

(b) the person making the affidavit understands that a person who provides a false matter in the affidavit may commit an offence.

Example of offence—

perjury under the Criminal Code , section 123

(8) An affidavit must attach the documents referred to in the affidavit after the last page of the affidavit as exhibits to the affidavit.

(9) Also, an affidavit must comply with the Oaths Act 1867 .