​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 |

Affidavits and statements

The judge in charge of your case may have made orders that:

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

Evidence in the Federal Circuit Court is usually given by affidavit. An affidavit is a written statement where the contents are sworn or affirmed to be true.

If your claim is for $20 000 or less you may have elected to use the court's small claims procedures. This means that the court may accept affidavits that:

  • have not been written in the correct way
  • have been written using the incorrect form
  • have not been sworn or affirmed to be true.

The court might order you and your employer to file and serve written statements instead of affidavits. Unlike affidavits, written statements do not have to be written in a particular way or use a particular form. Apart from the evidence it contains, a statement should include the name and address of the person making the statement, and the details of your case. It should also be signed by the witness.

Icon - hintYou can write a statement in the same way as you write an affidavit and sign it, but you do not need to swear or affirm it.

For more information on how to write statements, see Statements.

 You should get legal advice before preparing an affidavit or a statement.

In this section you will find information about: 

    How to write your affidavits

    You will need to prepare your own affidavit. If you have any witnesses, you will need to ask them to make their own affidavits.

    Icon - hintIf your witness is not sure how to write an affidavit, you could send them a link to this page or print it off and give it to them.​

    Where can I get a blank affidavit form?

    You can get a blank affidavit form from the:

    What should I put in an affidavit?

    The first page of an affidavit needs to contain the details of the registry, file number and parties, which will be the same for each affidavit used in the case.

    After the details of the case, you will need:

    • 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 sentence that includes the deponent's name, address, occupation and that they affirm or swear the evidence that follows is true.

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

    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.

    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 must 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 themselves.

    Sample: To see what a completed affidavit could look like, see Sample Affidavit.

     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 to your case.

    Your employer's affidavits

    Your employer's affidavits might be similar to yours. The first page may 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 your employer'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 an affidavit written by the employee, it might say:

    4.

     


    I refer to the affidavit made by Kim-Ly Geun on 1 September 2013 ("the Geun affidavit") and I deny I had a conversation with Kim-Ly Geun on 18 May 2010 as described in paragraph 10.​

    5.

    I deny I s​aid the words in paragraph 11 of the Geun affidavit.

    6.

    On 18 May ​​2010 Kim-Ly Geun and I had a conversation with words to the effect:   ​

    I said: "Your employment with us will start on 2 July 2010".

    She said: "Okay".

    How to write an affidavit in reply

    The judge may make an order about you filing and serving an affidavit in reply to your employer's affidavits. If there is anything raised in your employer'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. It might say:  ​

    4.

     


    I refer to the affidavit made by Franklin Mount on 15 September 2013 ("the Mount affidavit"). I deny that the conversation between Franklin Mount and me took place as described in paragraph 6. I deny that Franklin Mount ever told me that my employment with the respondent would start on July 2010. ​

    5.

     


    My first day working with the respondent was 2 June 2010. On 2 July 2010 Franklin Mount said to me words to the effect, "You've completed your trial. We'd like to keep you on".