On Demand CPD

The Essentials | Affidavit drafting in Family Law proceedings | CPD 1 hr

Affidavit evidence plays a decisive role in family law proceedings, including care of children disputes, relationship property claims, protection orders and interim applications. Yet affidavits in the Family Court are often criticised for straying into argument, opinion, hearsay or inadmissible material, undermining both credibility and outcomes.

This webinar brings together three expert presenters to examine the legal, evidential and ethical obligations involved in drafting affidavits in family law matters, with a particular focus on the Evidence Act and Family Court expectations.

The presenters will explore:

• The drafter’s professional and ethical responsibilities in family law cases
• How the Evidence Act applies to affidavit evidence in the Family Court
• Managing hearsay, opinion, relevance and reliability in family law affidavits
• The boundary between evidence, narrative and advocacy
• Common drafting mistakes in family law affidavits—and how to avoid them
• Practical tips for drafting affidavits that assist the Court and withstand challenge
• Managing client’s expectations of the role of the affidavit and the need to respond

The session will be firmly grounded in practical family law experience, providing guidance that participants can apply immediately in their own practice.

Learning objectives from the webinar may include:

• A clear understanding of ethical and professional obligations when drafting family law affidavits
• Practical insight into Evidence Act requirements most relevant to Family Court proceedings
• Guidance on what material properly belongs in an affidavit—and what does not
• Strategies for reducing the risk of inadmissibility, strike‑out or judicial criticism
• Tips for drafting affidavits that are focused, credible and effective in family law cases

The presentation is aimed at Junior and Intermediate practitioners, as well as those unfamiliar with this area of practice but wishing to learn best practice tips for drafting affidavits for family law proceedings which consider your ethical obligations and the Evidence Act. It is also suitable for those looking for a refresher.