Federal Court of Australia

Status:	Revoked
Date issued:	21 January 2000
Date revoked:	30 April 2001
Version history:	30 April 2001 21 January 2000

1.       In nearly all circumstances, a person giving evidence in a proceeding before the Federal Court of Australia, whether orally or by affidavit, is required by law to make an affirmation or take an oath.  The purpose of this requirement is to compel people to tell the truth.

2.       It is a criminal offence for a person deliberately to give false evidence after making an affirmation or taking an oath.

3.       Annexed to this Practice Note is the text of a card setting out the form of oath or affirmation that witnesses will be requested to read, or to have read on their behalf, before giving evidence to the Court.  A copy of the card will be handed to each witness upon entering the witness box. 

4.       The Court expects practitioners to ensure that witnesses are properly informed, in advance of their giving evidence, of the purpose of and procedure for making an affirmation or taking an oath.  It also expects practitioners:

• to ensure that court officers are informed before court commences of any witnesses who would prefer to have the oath or affirmation read on their behalf (eg, because of poor sight or limited literacy); and

• to give the Court (via the judge’s associate) at least 24 hours’ notice of any other special arrangements that may need to be made by the Court to facilitate the taking of an oath or making of an affirmation by a witness.  (For example, the Court must be notified if a witness requires a holy book other than the Bible.)

M E J BLACK
Chief Justice
21 January 2000

[SIDE ONE OF CARD]

INFORMATION FOR WITNESSES

1.         PLEASE READ THIS INFORMATION BEFORE YOU COME FORWARD TO GIVE YOUR EVIDENCE.

If you are to give oral evidence in the Federal Court of Australia, you are first required by law*:

(i)      to make an AFFIRMATION (which is a solemn undertaking to tell the truth without reference to a god or a religious belief);

OR

(ii)      to take an OATH (which is swearing to tell the truth by reference to a god).

You can choose between taking an OATH or making an AFFIRMATION.

If you choose to take an oath you may, if you wish, hold or place your hand on the bible.  You are, however, not required to hold or touch the bible.  The bible is on the witness box in front of you.

*The form of oath and affirmation is set out in the Evidence Act 1995 (Cth)

[SIDE 2 OF CARD]

2.         THE COURT OFFICER WILL TELL YOU WHEN TO GIVE YOUR OATH OR MAKE YOUR AFFIRMATION.  YOU SHOULD THEN READ THE WORDS OF THE OATH OR AFFIRMATION SET OUT BELOW ALOUD TO THE COURT.

OATH

“I SWEAR** BY ALMIGHTY GOD*** THAT THE EVIDENCE I SHALL GIVE WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH.”

[** you may PROMISE]

[*** you may refer to your God by name]

AFFIRMATION

“I SOLEMNLY AND SINCERELY DECLARE AND AFFIRM THAT THE EVIDENCE I SHALL GIVE WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH.”

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