Federal Court of Australia

Form 20: Affidavit (Modified to include heading, signature block and filing party's details as required by Order 41 of the Federal Court Rules)
Version: 2
Rule: Order 14, rule 2
Use: Documents prepared using Form 20 are called affidavits. You should use an affidavit when you want to put facts or evidence before the Court. An application can be accompanied by an affidavit when it is first filed (for more information about preparing an affidavit in support of an application see the Guide to Form 5). The Court will often direct the parties to file and serve affidavits containing all the facts that a party wishes the Court to consider. There are separate affidavits that need to be used when the deponent is non-English speaking.
Filing fee: nil (unless it is filed for the purpose of applying for leave or special leave to appeal, in which case for a corporation $1250, in any other case $625.00)

Guide to Form 20  

Please read this guide and the form carefully. As a party to the proceeding, you are responsible for making sure all your paperwork is in order. Although the Court's Registry staff can check your forms and other court papers for completeness (for example, they check for signatures, and that attachments are present and signed by an authorised person within your State or Territory) and give you information about the Court's procedures, they can not give you legal advice and they are not responsible for the accuracy of your documents.

When should you use Form 20?

Documents prepared using Form 20 are called affidavits. You should use an affidavit when you want to put facts or evidence before the Court. An application is usually accompanied by an affidavit when it is first filed (for more information about preparing an affidavit in support of an application see the Guide to Form 5).

The Court will often direct the parties to file and serve affidavits containing all the facts that a party wishes the Court to consider.

Long affidavits

An affidavit which is longer than 30 pages (including annexures) must include a table of contents.

When the deponent does not speak English

A non-English-speaking deponent who swears an affidavit through an interpreter must use the Form 20 (NES Deponent). This affidavit should be accompanied by a second affidavit sworn by the interpreter which is Form 20 (Interpreter).

How to make an affidavit

You can get a copy of Form 20 from the Registry or download a copy from the Court's website.

Please read all of these notes before you begin completing the affidavit form. If the affidavit and annexures will be longer than 30 pages then use the Form 20 which has a table of contents.

Heading

In the spaces provided, write:

•  the Court file number (if known)

•  the name of the applicant in the proceeding

•  the name of the respondent in the proceeding.

These should be the same names as those in the application form.

Table of Contents

Where the affidavit (including any annexures) is longer than 30 pages, a table of contents is required.

The contents table requires a brief description of the documents comprising the affidavit and annexures. For each annexure the number of the paragraph which first refers to the annexure must be stated along with the number of the page for the annexure.

The contents page does not require a list of the matters deposed in the affidavit or the matters contained in the annexures.

The start of the affidavit

In the spaces provided, write:

•  the date on which the affidavit is being made

•  the full name, address and occupation of the person making the affidavit.

The person making the affidavit is called the deponent.

The main part (‘body') of the affidavit

The Court's rules about the requirements for affidavits are set out in Order 14. There are special rules that apply where the deponent cannot read or is blind.

The body of the affidavit must set out the facts or statements known by the person making the affidavit. This means that the affidavit must be written in the first person: that is, using words such as “I saw”, “I prepared”, “I went”, “I found” etc. The statements must be made in numbered paragraphs. There is no limit to the number of paragraphs contained in an affidavit. Each paragraph should deal with a separate issue.

If the affidavit refers to a document then a copy of that document may be annexed (attached) to the affidavit. Each annexed document must be marked with a letter (eg "A" for the first annexure, "B" for the second annexure, and so on), and must include the following annexure note which can be handwritten on the first page of the annexure:

" This and the following ……. [insert number of pages] pages is the annexure marked "A" in the affidavit of ……….. [insert name of person making the affidavit] sworn before me on ……………………[insert name of person witnessing affidavit and date including year].

Signed: ……………………… "

The person witnessing the affidavit must sign every annexure note.

Signing the affidavit

Do not sign the affidavit straight away.

The person making the affidavit must first take an oath or make an affirmation in front of a solicitor or Justice of the Peace. Only after the oath or affirmation has been taken can the affidavit be signed. The solicitor or Justice of the Peace must then also sign and date the affidavit and any annexures to it.

If the affidavit is more than one page, then the person making the affidavit and the solicitor or Justice of the Peace must sign each page.

Filing details

Under the horizontal line on the first page of the affidavit, write:

•  your name

•  your address for service, telephone number and facsimile number (if any).

Note: your address for service is an address to which the Court or the respondent can deliver or send letters or documents to you. The address must be in Australia. The address must be a street address and cannot be a Post Office Box.

(August 2007)