Some of the most important changes to the Family Law Rules include: These Rules are set out in the Family Law Rules which you can access from a link on the Family Court website or from the Australian Government Legislation website. New Rules came into effect from 1 March 2018 applying to all Affidavits filed in the Family Court of Australia. This Applies to Affidavits in the Family Court of Australia, not to Affidavits in either the Federal Circuit Court of Australia or Family Court of Western Australia. Specific Family Court Rules for Annexures to Affidavits

A Statutory Declaration is a different form to an affidavit and should never be used and in any event, it would not be accepted for filing by the Court. There is a completely different form of Affidavit if your matter is in Family Court of Western Australia. The form is different depending on whether you are filing it in the Family Court of Australia or the Federal Circuit Court of Australia. There is a specific form you must use for your Affidavit. When you are writing your Affidavit, concentrate on what facts and circumstances will help convince the Court the argument you are making to the Court as to what Orders you are suggesting the Court should make. Unless it is your Final Hearing Affidavit, you need to keep your Affidavit as brief and short as possible, as the time Judges have available to read Affidavits can at times be somewhat limited and it is really only the necessary information directly relevant to the issues in dispute that Judges want to read. So what exactly do you put in your Affidavit? What the Family Court wants to see in Affidavits, are the relevant facts and circumstances you want to rely on in support of your case. An Expert Witness such as your Doctor). Evidence is the facts of your case. Your Affidavit is the way you give the Court your evidence as a party to the proceedings, or give the evidence of a witness if you have to file Affidavits of any other people (eg. The following Rules about Annexures to Affidavits only apply to Affidavits filed in the Family Court of Australia, not to Affidavits filed in the Federal Circuit Court of Australia.Īn Affidavit is your written statement which sets out all of the relevant facts of your case in your own words.

Edwin lara 62 pages of affidavits