Book – The Law of Affidavits, Second Edition

Author: John Levingston
Publisher: The Federation Press
Reviewer: Robert Quirk

When I was given the opportunity to review this book, I thought that it would be a fantastic addition to my library. Despite the book being focused on the Evidence Act 1995 (Cth), I still hold that view. It is a useful addition to a Queensland lawyer’s armoury of references, particularly, if they practise in the federal jurisdiction and, as a practical guide, as long as the reader is cognisant of the fact that the law might not be exactly as stated/referenced in the book if they are in a Queensland court or tribunal.

Ameliorating this issue, there are jurisdiction summaries for each of the federal courts and courts in each state, New Zealand and Singapore. The jurisdictional summaries are a ready reckoner for each jurisdiction and refer to the individual rules relating to affidavits, other relevant legislation, the ethical rules and then all the practical references, including for preparation and form, attendance, cross-examination and use, amongst other things.

The book has detailed sections for many common areas that, sometimes, are done poorly. One of these is the handling of direct speech and indirect words, as well as numerous specific issues relating to that type of evidence. The text includes an example of a commonly used formula for a conversation. 

There are parts dealing with what should not be in an affidavit. These include sections relating to counsel’s advice and the loss of privilege.

I think that the precedents section is a good resource. It includes precedents as diverse as for business records, Calderbank offers, interpreters, notices of objection, notices of intention to call tendency and coincidence evidence and for different types of service.

Whatever I say in this review probably does not do the book justice because it is 383 pages long on all aspects of the law relating to affidavits. The topics in the table of contents are (excluding the usual introductory information):

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

Jurisdiction Summaries
Precedents

This book is highly recommended, if you practise in litigation.