​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

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Affidavits

Evidence in the Federal Circuit Court is usually given by affidavit. An affidavit is a written statement that is sworn or affirmed to be true. The judge in charge of your case may have made orders that:

  • you prepare affidavits, then file and serve them on (give them to) your employer (the respondent)
  • the respondent prepare affidavits, then file and serve them on you
  • you prepare affidavits in response to the respondent's affidavits, then file and serve them on the respondent.

Alert Icon  You should get legal advice before preparing an affidavit. 

1. Applicant's affidavits

2. Respondent's affidavits

3. Applicant's affidavit in reply

1. Applicant's affidavits

Where can I get a blank affidavit form?

You can get a blank affidavit form from:

What should I put in an affidavit?

The first page of an affidavit will be similar no matter who makes it. It needs to contain the details of the registry, file number and parties, which will be the same for each affidavit used in a case.

After the details of the case, you would put:

  • the name of the deponent (the person giving evidence in the affidavit)
  • the date it was made (which is the date it was sworn or affirmed)
  • a statement from the deponent that includes their name, address, occupation and that they affirm or swear the evidence that follows.

How should I give evidence in an affidavit?

Affidavits should be divided into numbered paragraphs. Each paragraph should be in date order, from the oldest event to the most recent event.

How do I include a document or an object?

If you want to include a document or object as part of your evidence, you can 'annex' or 'exhibit' it to your affidavit. Annex means to attach it to the back of the affidavit, and then it becomes an 'annexure'. An exhibit is referred to in the affidavit but is not attached to the affidavit. Annexures are used for smaller documents while exhibits can be used for larger groups of documents and objects.

The annexure would then be attached to the back of the affidavit.

Can I include evidence of conversations?

You can include evidence of conversations if they are relevant. Affidavits should be written in the first person (from the point of view of the person making the affidavit) and using the word 'I'. If the affidavit refers to a conversation, you should write down the exact words used by the people in the conversation.

How do I finish an affidavit?

Once you have included all the evidence you want in your affidavit, you need to sign it in front of a witness. The witness should be either a lawyer (including solicitors and barristers) or a Justice of the Peace. You and the witness should sign every page, including the last page.

You and your witnesses should only put facts that you have direct knowledge of in your affidavits. A person has direct knowledge of something if they saw or heard it.

To see what an affidavit could look like, see Sample Affidavit.

Alert Icon  An affidavit should not include:

  • the opinion of the person making the affidavit (unless it is an affidavit by an expert)
  • statements that are based on information someone else has told you that they heard or saw (known as 'hearsay' evidence)
  • views on the law and how it applies in the case.

2. Respondent's affidavits

The respondent's affidavits will be similar to yours. The first page will have the same details about the registry, case number and parties. It will have different details at the bottom of the first page because it will be filed on behalf of, and prepared by, different parties.

Because the respondent's affidavits are usually written after having read yours, they may refer to sections of your affidavits. For example, if an affidavit was being written in response to the sample above by Gary Irons, the other person involved in that conversation, it might say:

4. I refer to the affidavit made by Erich Johansson on 8 August 2012 ('the Johansson affidavit') and I deny I had a conversation with Eric Johansson on 27 July 2012 as described in paragraph 10 or at all. 

5. I deny 
I said the words in paragraph 11 of the Johansson affidavit.

6. On 27 July 2012, Erich Johansson and I had a conversation with words to the effect:  
I said: "Erich we have to let you go." 

He said: "Why what did I do wrong?" 

I said: "You've been warned in the past that if you keep turning up to work late that we would terminate your employment. You are supposed to start at 7.30am each morning that you are at work. You consistently turn up at 8am. You didn't turn up until 8am this morning. We can't have our workers turning up late. I'm sorry Erich but you have to pack up your things and finish today. We'll pay you out two weeks wages in lieu of notice, plus any holiday time owing." 

He said: "Oh
.'   

3. Applicant's affidavit in reply

The judge may make an order about you filing and serving affidavit evidence in reply to the respondent's affidavits. If there is anything raised in the respondent's affidavits you don't agree with, you can prepare affidavits to specifically deny those parts.

Continuing with the example above, the applicant may write an affidavit in reply to the affidavit of Gary Irons. It might say:

4. ​I refer to the affidavit made by Gary Irons on 17 August 2012 ('the Irons affidavit'). I deny that the conversation between Gary Irons and I took place as described in paragraph 6. I deny that Gary Irons ever warned me for arriving late at work.

5. It was my understanding from the first day I worked at Steelrod Pty Ltd that on any day that I worked my hours would be from 8am to 5pm, with an hour for lunch from 1pm to 2pm. 

6. From the first day to the last day I worked at Steelrod Pty Ltd I never arrived at work any earlier than 7.55am. I was never told by Gary Irons, Rod Steel or anyone else that I was late, and I was never told that I must start at 7.30am.​​

For answers to commonly asked questions, see Going to the Federal Circuit Court - Frequently Asked Questions. ​