John Levingston The Law of Affidavits

ISBN 13: 9781862879294

The Law of Affidavits

 
9781862879294: The Law of Affidavits
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Affidavits are used in Courts and Tribunals including arbitrations, to provide the evidence-in-chief of witnesses. There are evidentiary, formal and procedural rules which apply to affidavits. Non-compliance can result in the evidence being excluded, the case being lost, or proceedings adjourned with adverse costs orders against the party, or against the lawyer who prepared the affidavit. Most young lawyers serve an informal apprenticeship drafting affidavits under the supervision of more experienced colleagues, learning from their experience and saving their own references and precedents. Some, less fortunate are 'thrown in at the deep end' without guidance or supervision.

This book sets out to provide a reference for evidentiary, formal and procedural rules together with precedents.

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About the Author:

John Levingston was born in Canberra, grew up in Tasmania, the Northern Territory, Papua, Togo West Africa and Western Samoa. He attended Sydney Grammar School in the 1960's where he won several prizes and a scholarship. He was a boarder, prefect, Captain of the Boarding School, a champion rower, Vice-Captain of Boats, and a School sub-prefect.

He attended the Australian National University and resided at Burgmann College, where he graduated in Arts and Law. He was first admitted to the Roll of the Supreme Court of the ACT in 1981, and later to the Rolls of the High Court, and the Supreme Courts of NSW and Victoria. For more than 30 years he has been in private practice as a Solicitor or Barrister in Admiralty and commercial litigation, and an Arbitrator and Mediator on Court and industry panels. He holds appointments as a Costs Assessor of the NSW Supreme Court and is a Part-Time Member of the NSW Consumer, Trader and Tenancy Tribunal.

He has been active teaching law at several institutions and has held academic appointments as an Adjunct Professor of Law at the Centre for Customs and Excise Studies, University of Canberra, and Conjoint Professor of Law at the University of Newcastle, NSW where he has been teaching Maritime and International Trade Law since 2005. He has been the Convenor of public lectures on Admiralty Law since 2006.

He has published many articles and papers in journals and spoken at international and domestic conferences.

Review:

... The Law of Affidavits provides expert commentary together with useful precedents and summary by State, various federal jurisdictions and New Zealand of the relevant court rules proscribing to the form, substance and use of affidavits. This excellent work provides a ready repository of the law and practice in relation to the use of affidavits in all jurisdictions in Australia and New Zealand. The precedents provide useful guidance and when read in conjunction with the relevant rules in the appropriate jurisdiction, The Law of Affidavits provides a clear and concise guide and explanation of relevant law and practical aspects regarding the making and use of affidavits. Read full review... - Peter Lithgow, Australian Business Law Review, Oct 2014 ... a very welcome resource, published by the Federation Press as "the first work on affidavits in Australia". ... The book is written in a very easy and straightforward way, notwithstanding the broad and complex challenge of identifying the many different sources of the law in the various Australian jurisdictions. Read full review... - Adrian Stone, InPrint, Law Institute Journal Victoria, September 2014 "The Law of Affidavits" is a text which could well be said to be long overdue. Although a crucial part of almost all aspects of modern civil litigation (not to mention hearings in Coronial Courts and the wide variety of Tribunals), affidavits have been given little attention in the teaching of legal skills and in legal publications. The extremely variable (and some may argue declining) quality of affidavits filed daily in courts and tribunals makes Mr Levingston's publication very welcome. ... provides a comprehensive foundation course for all new lawyers beginning to develop skills in the drafting of affidavits. Its usefulness, however, also extends to more experienced practitioners dealing with the arguments which often arise over the admissibility of affidavit material. It is an essential addition to the library shelves of all legal practitioners. Read full review... - Patricia Feeney, Hearsay, September 2014, 69 The poorly prepared affidavit is an all too common phenomenon and the aim of improving standards is admirable. ... the book goes some way to pulling together the various tips, advice, rules and principles that provide a framework for drafting a good affidavit. - Natalie Zerial, Bar News, Autumn 2014

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Book Description Federation Press, Australia, 2013. Hardback. Condition: New. Language: English . Brand New Book. Affidavits are used in Courts and Tribunals including arbitrations, to provide the evidence-in-chief of witnesses. There are evidentiary, formal and procedural rules which apply to affidavits. Non-compliance can result in the evidence being excluded, the case being lost, or proceedings adjourned with adverse costs orders against the party, or against the lawyer who prepared the affidavit. Most young lawyers serve an informal apprenticeship drafting affidavits under the supervision of more experienced colleagues, learning from their experience and saving their own references and precedents. Some, less fortunate are thrown in at the deep end without guidance or supervision. In addition, case management has created new pressures for compliance with short timetables for filing and serving affidavits, so there is no luxury of time available in preparing affidavits which involves taking relevant instructions, putting it into an admissible form without mistakes and so it can survive objections.This is the first work on Affidavits published in Australia and sets out to provide a reference for evidentiary, formal and procedural rules together with precedents. Seller Inventory # AA69781862879294

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Book Description Federation Press, Australia, 2013. Hardback. Condition: New. Language: English . Brand New Book. Affidavits are used in Courts and Tribunals including arbitrations, to provide the evidence-in-chief of witnesses. There are evidentiary, formal and procedural rules which apply to affidavits. Non-compliance can result in the evidence being excluded, the case being lost, or proceedings adjourned with adverse costs orders against the party, or against the lawyer who prepared the affidavit. Most young lawyers serve an informal apprenticeship drafting affidavits under the supervision of more experienced colleagues, learning from their experience and saving their own references and precedents. Some, less fortunate are thrown in at the deep end without guidance or supervision. In addition, case management has created new pressures for compliance with short timetables for filing and serving affidavits, so there is no luxury of time available in preparing affidavits which involves taking relevant instructions, putting it into an admissible form without mistakes and so it can survive objections.This is the first work on Affidavits published in Australia and sets out to provide a reference for evidentiary, formal and procedural rules together with precedents. Seller Inventory # AA69781862879294

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