NSW Deponent of an Affidavit - Legality?

Discussion in 'Other/General Law Forum' started by Bizi, 11 October 2018.

  1. Bizi

    Bizi Member

    Joined:
    11 October 2018
    Messages:
    3
    Likes Received:
    0
    Thoughts please on the legality & ethicality of the following scenario:

    The Deponent of an Affidavit holds a 'Principal of a law practice' practising certificate and the Affidavit is witnessed by an individual whom is under their professional supervision holding a 'Employee of a law practice (Supervised)' practising certificate.
     
  2. Rob Legat - SBPL

    LawTap Verified

    Joined:
    16 February 2017
    Messages:
    1,310
    Likes Received:
    259
    Happens all the time. What's your issue?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Rod

    Rod Well-Known Member
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    5,216
    Likes Received:
    736
    Yes, I can't see an issue.

    The witness is only there to confirm the deponent signed, not judge the accuracy of the contents.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  4. Bizi

    Bizi Member

    Joined:
    11 October 2018
    Messages:
    3
    Likes Received:
    0
    Dissecting this further with the following questions & the issue becomes evident:

    1) Why must an affirmation be witnessed?
    2) Why must the witness be an 'Authorised Person'?
     
  5. Rob Legat - SBPL

    LawTap Verified

    Joined:
    16 February 2017
    Messages:
    1,310
    Likes Received:
    259
    Due to the provisions of, for example, the Oaths Act 1900 (NSW) or the Evidence Act 1995 (Cth) which have requirements of the manner in which affidavits are taken.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  6. Rod

    Rod Well-Known Member
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    5,216
    Likes Received:
    736
    Also see Uniform Civil Procedure Rules 2005 NSW - REG 35.7A

    Why is this important to you? Is this homework?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  7. Bizi

    Bizi Member

    Joined:
    11 October 2018
    Messages:
    3
    Likes Received:
    0
    The Deponent is the brother-in-law and business associate of a Respondent in a family law case. It was evident that the Affidavit was prepared and backdated during the 'Hearing Duty List' sessions to the previous days date and the witness signed under duress. The influence of the Deponent over the Witness is the issue. The judge allowed it knowing full well the conflict of interest which was incredibly corrupt.
     
Loading...

Share This Page

Loading...
gt;