Preparing an affidavit fact sheet - Chinese (Traditional) translation
Chinese Traditional | 繁體中文 translated version of the Preparing an affidavit fact sheet
Chinese Traditional | 繁體中文 translated version of the Preparing an affidavit fact sheet
This Information Notice applies to all proceedings filed in the Federal Circuit and Family Court of Australia (Division 1) and (Division 2) (Courts) in the Courts’ family law, migration and general federal law jurisdictions.
This form is used by a party in a migration or general federal law proceeding to ask the Court to issue a subpoena. A subpoena is a legal document issued by the Court.
This form is used by the named person subpoenaed to produce documents, to object to producing the documents. Or a person receiving a copy of a subpoena to produce documents, to object to the documents subpoenaed being inspected or copied.
An affidavit is a written statement where the contents are sworn or affirmed to be true. An affidavit should set out facts, not opinion.
The Commonwealth Courts Portal sets out basic details for many general federal law cases and some limited migration cases that have been filed in the Federal Circuit and Family Court of Australia (Division 2), such as the names of the parties and their legal representatives, the file number, hearing dates (past and future), orders and a list of all filed documents.
If you are a non-party, a request can be made to access court documents by following the process below and completing a Request by a Non-Party for Access to Court Documents form.
Any person making a request to access a document is expected by the Court, to have:
Please include all relevant information in your request to minimise delays in considering the request. A range of factors the Court will consider include:
The Court may require you to communicate with relevant persons or parties connected with the documents in the proceeding about the Request, inviting such parties to comment on the Request (or the Court may do so itself).
Applications are to be made by email to the relevant filing registry location:
Once the Court has made a decision on the request, then you will be notified about the outcome of the decision, usually via email.
If your request is approved, you must pay the fee for inspection of the documents (production of the file) and any applicable fees if copies are requested.
Generally, documents will be provided to you via email, however, if hard copies are required, you must pay any applicable photocopying fees. Photocopying fees may be exempted only if the person liable to pay is entitled to a general or financial hardship exemption in the proceedings generally.
You can pay the relevant fee by:
If a request is approved the Court will provide the documents in the manner that it considers will be the most efficient and cost-effective, either:
This form is to be used when a non-party is requesting access to General Federal Law and/or Migration Court documents pursuant to the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025.
The Courts acknowledge the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, sea and community. We pay our respects to the people, the cultures and the elders, past, present and emerging.