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SHORT COURSE

Affidavits and statements

Maximise the evidentiary value of witness statements and affidavits. Develop a systematic approach to assembly of the affidavit material addressing the relevant facts in issue in the Statement of Claim and the evidential material needed to establish issues in dispute, enabling them to be coordinated into comprehensive affidavit documents.

About this course

This program provides participants with knowledge, insights and a framework for preparing affidavits, including interviewing clients and recording statements. Preparation and drafting of affidavits is an essential and important skill for any lawyer. Our expert will take you through the steps in taking a witness statement or affidavit: from preparation and interview, through evidentiary and procedural issues, to using the affidavit to draft pleadings.

3.5 CPD units (one unit per hour)

 

 

Course structure

1:15pm-1:45pm - Introduction and Overview

 

1:45pm-2:45pm – Steps in taking a witness statement/affidavit

  • Preparation
  • Planning the contents
  • Interviewing the witness

Substance of the affidavit on issues such as:

  • Using the words of the witness
  • Recording conversations in direct speech
  • Avoiding being responsive to pleadings
  • Making sure the witness can swear to the facts

Practice exercise: analysis of a draft affidavit - what went wrong?

 

2:45pm-3:15pm - Overview of basic evidentiary issues:

  • Hearsay rule and its exceptions
  • Best evidence rule
  • Opinion
  • Relevance
  • Privilege and without prejudice communications
  • Evidence Act
  • Improper evidence
  • Expert evidence reports

 

3:15pm-3:45pm - Form and presentation

  • Detailed check lists
  • Headings and prescribed forms
  • State and Federal Court
  • Alterations
  • Signing clauses
  • Annexures

 

4:00pm-4:30pm - Drafting issues

  • Style and content
  • Form and presentation

 

4:30pm-4:45pm - Taking an affidavit and procedural issues

  • Affirmations
  • Blind or unable to read
  • Language difficulties
  • Procedure

 

4:45pm-5:00pm - Use of an affidavit

  • Inclusion in evidence
  • Cross-examination
  • Use in interlocutory proceedings
  • Using statements and affidavits to draft pleadings.

 

Learning outcomes

  • Plan and prepare to take a statement
  • Recognise and select appropriate forms and structure for affidavits
  • Understand the evidentiary issues involved in the preparation of affidavits
  • Identify appropriate uses of affidavits.

 

Discounts

A discount of 10% is available to UTS Alumni or UTS Staff enrolling in this short course. If you’re eligible for this discount, please ensure you have provided your UTS Student or Staff ID number in your UTS Open Profile (under ‘A bit about you’).

When signing up for the Session, use the relevant voucher code to apply the discount to your Cart:

  • UTS Student / Alumni: Lawalumni
  • UTS Staff: Lstaff

Please note that there’s a limit of one discount rate per participant.

Who is this course for?

This program is particularly useful for

  • General legal practitioners
  • Senior managers and leadership teams
  • In-house legal teams
  • Corporate counsel
  • Lawyers in government agencies.
$484.00

START DATE

03 March

MODE

On-campus

DURATION

4 hrs

Meet the Expert

Paul Venus

Paul Venus
Managing Partner, Holding Redlich Brisbane

Paul has been practising commercial law for over 30 years and teaching this course for over 15 years.  After a period with a major national firm, Paul joined the Sydney office of Holding Redlich in 2004.

He moved to Brisbane to head the Queensland office in a period of exceptional growth. With a background in commercial litigation, he has a deep experience upon which this course has been based.

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Additional Information

Please arrive at 1:00pm for registration. Afternoon tea will be provided for course participants. | Disclaimer: While it is the Faculty's intention to provide this short course as advertised, UTS reserves the right to alter the program, or to cancel this short course should the minimum enrolment quota not be met.

Book a session

01:15 PM, Tuesday, 03 March
Expert: Paul Venus
  • Tuesday, 03 March
  • 4 hrs
  • On-campus
  • 1:15pm - 5pm, 3 March 2020 | UTS Building 10, Level 7: 235 Jones St, Ultimo NSW 2007

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