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.

Meet the Expert

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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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.

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