The Law of Affidavits

1. Auflage 2013
ISBN: 978-1-86287-929-4
Verlag: FEDERATION PR

Buch, Englisch, 368 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 718 g

Affidavits are used in Courts and Tribunals including arbitrations, to provide the evidence-in-chief of witnesses. There are evidentiary, formal and procedural rules which apply to affidavits. Non-compliance can result in the evidence being excluded, the case being lost, or proceedings adjourned with adverse costs orders against the party, or against the lawyer who prepared the affidavit. Most young lawyers serve an informal apprenticeship drafting affidavits under the supervision of more experienced colleagues, learning from their experience and saving their own references and precedents. Some, less fortunate are 'thrown in at the deep end' without guidance or supervision.
Thisbook sets out to provide a reference for evidentiary, formal and procedural rules together with precedents.

Autoren/Hrsg.

Levingston, John

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein
• Rechtswissenschaften Strafrecht Kriminologie, Strafverfolgung
• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Kriminalsoziologie

Inhaltsverzeichnis

1. Introduction 2. What is an affidavit? 3. Professional obligations 4. Preparation 5. The objectives - admissible, relevant and probative 6. Use of an affidavit 7. Form 8. The deponent and incapacity 9. Affirmations and oaths 10. Style 11. Content 12. Opinion 13. Attachments: annexures and exhibits 14. Filing 15. Service 16. Objections 17. Documentary evidence 18. Attendance of deponent 19. Use at the hearing 20. Irregularities and defects 21. Discretion 22. Cross-examination 23. False statements and contempt 24. Adverse consequences

Über Autor(innen)

John Levingston was born in Canberra, grew up in Tasmania, the Northern Territory, Papua, Togo West Africa and Western Samoa. He attended Sydney Grammar School in the 1960's where he won several prizes and a scholarship. He was a boarder, prefect, Captain of the Boarding School, a champion rower, Vice-Captain of Boats, and a School sub-prefect.
He attended the Australian National University and resided at Burgmann College, where he graduated in Arts and Law. He was first admitted to the Roll of the Supreme Court of the ACT in 1981, and later to the Rolls of the High Court, and the Supreme Courts of NSW and Victoria. For more than 30 years he has been in private practice as a Solicitor or Barrister in Admiralty and commercial litigation, and an Arbitrator and Mediator on Court and industry panels. He holds appointments as a Costs Assessor of the NSW Supreme Court and is a Part-Time Member of the NSW Consumer, Trader and Tenancy Tribunal.
He has been active teaching law at several institutions and has held academic appointments as an Adjunct Professor of Law at the Centre for Customs and Excise Studies, University of Canberra, and Conjoint Professor of Law at the University of Newcastle, NSW where he has been teaching Maritime and International Trade Law since 2005. He has been the Convenor of public lectures on Admiralty Law since 2006.
He has published many articles and papers in journals and spoken at international and domestic conferences.