Department of Justice is now the Department of Communities and Justice. Find out more >
The judge in charge of your case may have made orders that:
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:
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.
You 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
You should get
legal advice before preparing an affidavit or a statement.
In this section you will find information about:
You will need to prepare your own affidavit. If you have any witnesses, you will need to ask them to make their own affidavits.
If 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.
You can get a blank affidavit form from the:
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:
Affidavits should be divided into numbered paragraphs. Each paragraph should be in date order, from the oldest event to the most recent event.
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.
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.
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
An affidavit should not include:
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:
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.
I deny I said the words in paragraph 11 of the Geun affidavit.
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".
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:
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.
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".