WA Checking Affidavits Before Filing

Discussion in 'Intellectual Property Law Forum' started by James McGeough, 29 August 2017.

  1. James McGeough

    James McGeough Active Member

    29 August 2017
    Likes Received:
    I have a general query and hopefully someone can assist.

    I am overseas and I prepared an affidavit for a WA court which I executed / signed in front of a legally qualified witness who then signed and stamped my affidavit correctly as is required.

    My executed affidavit was shipped by FedEx to Perth. In the shipping, two previous (old) signed pages were left in the affidavit package by error (an administrative error) so there were two duplicate pages (which should have been removed) left inside the package by error.

    After shipping I contacted the Perth lawyer and I advised them of this error and I instructed them as to the duplicate pages which they were able to identify as the old pages. I instructed the lawyer and should be removed.

    My Perth lawyer explained that the affidavit could not be filed because of the duplicate pages. He said that once an affidavit is executed, the affidavit can not be changed.

    Is this pedantic ?

    It is my understanding that, prior to filing an executed affidavit, it is acceptable to check the document completely and to ensure all the content is complete with all pages and attachments in the correct order and, if there happened to be a duplicate or erroneously placed page, or duplicate attachment, it would be acceptable to fix such an administrative error before filing.

    Can someone comment on this?


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