VIC I filed an affidavit for initial application and found typos in affidavit after I filed it.

[Muxaul]

Hi there,

I recently filed an Affidavit in support of Initial Application. But I noticed 4 typos in my affidavit after I had filed and served the affidavit. two typos contain incorrect "year".

How and when can I seek the typos to be amended?

Thanks

 

[CSFLW]

Are you self represented.

 

[Muxaul]

Are you self represented.

Yes I am.

 

[Rod]

What are the other 2 mistakes?

 

[Muxaul]

What are the other 2 mistakes?

I meant to type “heard” but instead typed “her”. The other one, I meant to type “December” but I somehow typed “May”

 

[Rod]

You can likely amend the affidavit (cross out incorrect test - must still be legible, add in correct text, initial change), re-date, re-sign and refile, else if the registry gets narky (non-legal term) and rejects the amended affidavit, you do a new affidavit listing the mistakes and corrections to the original affidavit.

 

[Muxaul]

You can likely amend the affidavit (cross out incorrect test - must still be legible, add in correct text, initial change), re-date, re-sign and refile, else if the registry gets narky (non-legal term) and rejects the amended affidavit, you do a new affidavit listing the mistakes and corrections to the original affidavit.

Thanks Rod! I just found out and am reading Federal Circuit and Family Court of Australia (Family Law) Rules 2021 , rule 2.50 to 2.54. It describes the steps you mentioned.

Can you please also help clarify Rule 2.28, and Table 2.2 of the Rules 2021? I have already served the party my Initiating Application form + other documents inlcuidng original Affidavit via Personal Service. Can I now serve the amended affidavit via Ordinary service?

 

[Rod]

The rules you quoted do not apply to affidavits.

If the other side has responded, then ordinary service to the address they provide (email is an option), else personal service.

 

[Muxaul]

The rules you quoted do not apply to affidavits.

If the other side has responded, then ordinary service to the address they provide (email is an option), else personal service.

Thanks heaps Rod! Much appreciated.