VIC Do I need to prove every point in affidavit?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Muxaul

Well-Known Member
10 October 2017
144
13
414
I'm drafting my final affidavit in property matter. I brought x amount of asset into marriage. OP has seen my financial disclosure documents in regards to this assertion and agreed to it. Do I still need to annex such evidence documents into my affidavit so that Judge would know or agree?

If not, should I write "I brought x amount of asset into marriage, OP has viewed financial disclosure and did not dispute it", or should I just write "I brought x amount of asset into marriage."

Thank you for answering such basic question.
 

CSFLW

Well-Known Member
LawTap Verified
24 September 2018
207
17
659
Hi Muxual

Do you mean a trial affidavit?
 

Atticus

Well-Known Member
6 February 2019
1,177
189
2,394
OP has seen my financial disclosure documents in regards to this assertion and agreed to it.
OP has viewed financial disclosure and did not dispute it"
Agreed to it as in you have a signed document? = Good..... Not disputing something can't be accepted as agreeing though

You don't need to PROVE every point in an affidavit ... Your affidavit is a statement of facts as you know them...
You could put something like .... I bought X asset into the marriage. This has not been disputed by the respondent

If the other party has agreed in a document then you could annex it, or if the fianacial disclosure is already part of documents filed then you could just refer to it at that point
 

Muxaul

Well-Known Member
10 October 2017
144
13
414
Agreed to it as in you have a signed document? = Good..... Not disputing something can't be accepted as agreeing though

You don't need to PROVE every point in an affidavit ... Your affidavit is a statement of facts as you know them...
You could put something like .... I bought X asset into the marriage. This has not been disputed by the respondent

If the other party has agreed in a document then you could annex it, or if the financial disclosure is already part of documents filed then you could just refer to it at that point
Thanks Atticus. op did not dispute it, did not sign any documents yet.
Also, can I combine multiple documents as one annexture? e.g.:
Annexed here to and marked "A" is a true copy of bank statement from September, November and December 20xx.
Annexed here to and marked "B" is my notice to admit facts served ddmmyyyy and op's response to notice to admit facts served ddmmyyyy
 
Last edited:

Atticus

Well-Known Member
6 February 2019
1,177
189
2,394
Also, can I combine multiple documents as one annexture? e.g.:
Annexed here to and marked "A" is a true copy of bank statement from September, November and December 20xx.
Annexed here to and marked "B" is my notice to admit facts served ddmmyyyy and op's response to notice to admit facts served ddmmyyyy
That would be 2 separate annexures... that's okay, but I believe there is a limit on the amount you can have. Not sure what that is but court registry should be able to tell you
 

CSFLW

Well-Known Member
LawTap Verified
24 September 2018
207
17
659
Maxaul

Without seeing the trial directions , you must annex any documents you want to rely on at trial.

You cannot simply rely on the fact the OS have not disputed your financial documents.

Feel free to shoot me an email to discuss (no charge) [email protected]