An affidavit is a written statement setting out a person's evidence, that is, information that tends to prove or disprove a fact. A person may only give evidence in the Family Court by way of affidavit, unless otherwise ordered by the Court.
An affidavit must comply with Rules 15.08, 15.09 and 24.01 of the Family Law Rules 2004.
This form has been prepared by the Court for your use when you are required to file an affidavit in the Family Court.
When do you file it
An affidavit can only be filed in restricted circumstances unless permitted by an order of the court (Refer to Rules 2.02, 4.02, 4.06, 4.09, 4.16, 4.29, 4.30, 5.02, 5.09, 20.06, 21.02(2) and Part 15.2 of the Family Law Rules 2004)
Number of copies of the affidavit for filing, service and yourself
The completed and signed original of the affidavit filed at the Court. Before you file it you must also make sufficient copies to have one for each person to be served and a copy for your own records.
Who do you serve
Each party to the case and any independent children's lawyer
What is filed in response
In completing a Court form, you must
Complete the form by typing (e.g. on a computer or typewriter).
For more information about how to attach a document to the affidavit see Rule 15.12.