Federal Court Affidavit Form - Australia
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Instructions for completing affidavits
[These instructions do not form part of the affidavit and MUST BE DELETED before the
affidavit is sworn or affirmed]
1. Each page of the affidavit (but not any annexure) must be signed by the deponent (other
than a deponent who is unable to sign because of a physical disability) and the person
before whom it is sworn (r29.02(7)).
2. An affidavit must be made in the first person (r 29.02(1)).
3. An affidavit must be divided into numbered paragraphs, each dealing with a separate
subject, to the extent practicable (r29.02(3)).
4. If facts in the affidavit are supported by a document, annex a copy of the document to
the affidavit, unless the document is an original or is of such dimensions that it cannot be
annexed (r29.02(4)), in which case, it must be exhibited (r29.02(5)).
5. Each page of the affidavit, including any annexure, must be consecutively numbered
starting with page 1 (r29.02(6)).
6. Attach a certificate to the first page of each annexure and exhibit. The certificate must
be entitled in the same manner as the affidavit and identified by the deponent’s initials
followed by a number, starting with 1 (r29.02(8)). For example, the first annexure of an
affidavit of James William Green would be identified as “JWG1”. The second annexure
would be “JWG2” and the first exhibit to that affidavit would be “JWG3”. No subsequent
annexure or exhibit in any later affidavit sworn by the same deponent may duplicate the
number of a previous annexure or exhibit (r29.02(10)).
7. Each exhibit to an affidavit must be signed on the first page of the exhibit by the person
before whom the affidavit is sworn (r29.02(11).
8. The deponent must swear or affirm the affidavit before a person authorised by law to
witness the swearing of affidavits (‘witness’). Persons authorised to witness an affidavit
in Federal Court proceedings are a Judge of the Court; the Registrar; a Deputy Registrar;
a District Registrar; a Deputy District Registrar authorised under s 44 of the Federal
Court of Australia Act; a member of staff of the Federal Court authorised under s 44 of
the Federal Court of Australia Act; a justice of the peace; a commissioner for affidavits; a
commissioner for declarations; any other person who is authorised to administer oaths
for the purposes of the Federal Court or the High Court or the Supreme Court of a State
or Territory (includes lawyer with a current practising certificate).
9. Serve copies of all documents exhibited or annexed to an affidavit with the affidavit.
(r29.05).
10. If the deponent is illiterate, see rules 29.04(1) & (5)). If the deponent is blind, see rules
29.04(2), (3) & (5)). If the deponent is incapable of signing the affidavit because of a
physical disability, see rules 29.04(4) & (5)).
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