| Federal Court of Australia | |
| Practice Notes issued by the Chief Justice |
| No. 5. Affidavits |
| Status: | Revoked |
| Date issued: | 7 May 1990 |
| Date revoked: | 8 April 1994 |
| Version history: |   8 April 1994 7 May 1990 |
The filing and service of affidavits does not make them part of the evidence before the Court. The requirement by the Rules or by an order that affidavits be filed and served is a condition precedent to their becoming part of the evidence, subject to any order of dispensation which may be made in relation to their service or filing.
When counsel for the party which has filed and served an affidavit reads it to the Court as part of that party’s case, or at the request of that counsel, the Court treats it as having been so read, it becomes, subject to any rulings on admissibility, part of the evidence. The same considerations apply to annexures or exhibits to an affidavit, which may be received in evidence, either retaining their existing markings, or being freshly marked, as the Court may order.
NIGEL BOWEN
(Chief Justice)
Federal Court of Australia
7 May 1990