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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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UK Public Holiday Monday 28th May

Wildy's will be closed on Monday 28th May, re-opening on Tuesday 29th.

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The Law of Affidavits


ISBN13: 9781862879294
Published: July 2013
Publisher: The Federation Press
Country of Publication: Australia
Format: Hardback
Price: £110.00



Despatched in 8 to 10 days.

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.

Subjects:
Other Jurisdictions , Australia
Contents:
Acknowledgements
Explanatory Note: Evidence Act 1995
Table of Statutes
Table of Cases
Bibliography

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
Precedents