A Guide to Preparing an Affidavit in Australia
If you are involved in a legal matter in Australia, understanding how to prepare an affidavit is very important.
An affidavit is a document that presents your evidence to the court. In this article, we will explain what an affidavit is, when you need to file one in the Federal Circuit and Family Court of Australia, and provide basic information on how to structure your affidavit.
An affidavit is a written statement prepared by a party or witness. It serves as the primary way to present evidence to the court in various legal proceedings. When you file an affidavit in court to support your case, you must ensure it is served on all parties involved, including the independent children's lawyer (if appointed).

When filing an affidavit, it is essential to consider the specific requirements. You need to file an affidavit with any application or response seeking interlocutory orders or as directed by the Court. Different types of legal proceedings may also require affidavits, so it is advisable to refer to the relevant Practice Direction for detailed information about your case. You can access affidavit forms tailored to various types of proceedings on the Court's website.

Furthermore, structuring your affidavit correctly is crucial.
  • It should be typed in size 12 font
  • Printed on one side of the paper
  • Each page should be consecutively numbered.
To enhance organisation, use numbered paragraphs and consider including headings to distinguish different topics or subject matter, with each paragraph ideally addressing a specific issue
If you need evidence from a third party, like a family member, friend, or professional, you should file a separate affidavit on their behalf, but only if the evidence is relevant to your case. In family law proceedings, a child under 18 years of age should not prepare an affidavit to support your case unless the Court orders otherwise.

An affidavit should contain statements of facts relevant to your case. It should support the orders you have requested from the Court. The length of your affidavit depends on the complexity of your matter, but it's crucial to include all the relevant facts as evidence while avoiding irrelevant details.
If you refer to a document in your affidavit, attach a copy to the back of your affidavit as an annexure or exhibit. Each annexure should be numbered or labelled, and each must have a signed statement identifying it as the document referred to in the affidavit.
The person making the affidavit is the deponent, and they must sign each page in the presence of an authorised person. The last page, called a jurat, should include specific details. Any alterations made to the affidavit must be initiated by the deponent and the witness. The deponent's full name, occupation, and residential address should be provided on the first page, unless it compromises their safety.

This guide is here to help you prepare your affidavit carefully in Australia. However, when dealing with legal issues, it is a good idea to seek advice from a lawyer. At Genuine Legal, we are dedicated to offering you expert legal help to ensure that your legal matters are handled with care and professionalism. Feel free to contact us! You can Book your free 1-hour consultation on our website or by phone at (07) 2113 4646. After hours and urgent assistance mobile: +61 405 064 960 (Principal Solicitor).