What Is An Affidavit and What Is Its Purpose
What Is An Affidavit and What Is Its Purpose
What Is An Affidavit and What Is Its Purpose
What is an affidavit?
An affidavit is a formal written document setting out a persons own account of events in numbered paragraphs.
The content of the affidavit must be
factual
The contents should also only include information that is directly related to the issue to be decided.
Purpose of an Affidavit
Disagreements are brought to the court by the parties in dispute. Courts will only decide what the disagreeing or
disputing parties ask the court to decide. Each party sets out their own particular issues and each party is
responsible for presenting evidence to the court which supports their version of events. The courts function is to
adjudicate (judge) on the disagreement after considering the differing versions of events which each party tells the
court about. This is described as the adversarial system.
Affidavits are a way of giving evidence to the court other than by giving oral evidence. They are a means of telling
the court about the facts (evidence) which support particular issues raised by each party. Affidavits as a form of
evidence allow the court to weigh up differing versions of events.
Affidavits may sometimes contain a statement of fact based on information or belief, but the grounds supporting
that information or belief must then also be set out in the affidavit. Sometimes, the maker (deponent) of an
affidavit may be cross-examined on the contents of the affidavit. In accordance with the Supreme Court (General
Civil Procedure) Rules 2005, affidavits can be used in many ways and in relation to many types of proceedings.
The following information sets out a particular example relating to when an affidavit is used as part of the process
of commencing a proceeding and placing before the court a particular version of events.
Affidavit for leave to appeal decision of Victorian Civil and Administrative Tribunal (VCAT)
Rule 4.07 of Chapter II Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 sets out what is
required in preparing an affidavit when seeking leave to appeal from a decision of the Victorian Civil and
Administrative Tribunal (VCAT). Any affidavit in support of an application for leave to appeal a decision of
VCAT shall set out the acts, facts, matters and circumstances relating to: