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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Law of Affidavits

ISBN13: 9781862879294
Published: July 2013
Publisher: The Federation Press
Country of Publication: Australia
Format: Hardback
Price: £90.00

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Affidavits are used in Courts and Tribunals including arbitrations, to provide the evidence-in-chief of witnesses. There are evidentiary, formal and procedural rules which apply to affidavits.

Non-compliance can result in the evidence being excluded, the case being lost, or proceedings adjourned with adverse costs orders against the party, or against the lawyer who prepared the affidavit. Most young lawyers serve an informal apprenticeship drafting affidavits under the supervision of more experienced colleagues, learning from their experience and saving their own references and precedents. Some, less fortunate are 'thrown in at the deep end' without guidance or supervision.

In addition, case management has created new pressures for compliance with short timetables for filing and serving affidavits, so there is no luxury of time available in preparing affidavits which involves taking relevant instructions, putting it into an admissible form without mistakes and so it can survive objections.

This is the first work on Affidavits published in Australia and sets out to provide a reference for evidentiary, formal and procedural rules together with precedents.

Other Jurisdictions , Australia
Explanatory Note: Evidence Act 1995
Table of Statutes
Table of Cases

1. Introduction
2. What is an affidavit?
3. Professional obligations
4. Preparation
5. The objectives - admissible, relevant and probative
6. Use of an affidavit
7. Form
8. The deponent and incapacity
9. Affirmations and oaths
10. Style
11. Content
12. Opinion
13. Attachments: annexures and exhibits
14. Filing
15. Service
16. Objections
17. Documentary evidence
18. Attendance of deponent
19. Use at the hearing
20. Irregularities and defects
21. Discretion
22. Cross-examination
23. False statements and contempt
24. Adverse consequences

Jurisdiction Summaries