Effective Affidavits in Interlocutory Applications

Affidavit evidence is often the foundation of interlocutory applications and can significantly influence whether interim relief is granted. Courts expect affidavits to be focused, well-structured and directed to the issues arising on the application, while appropriately managing confidentiality and evidentiary concerns.

Given that interlocutory applications are frequently determined on affidavit evidence, the way that evidence is prepared, organised and presented can have a material impact on the court's assessment of the application.

By examining the role of affidavits in interlocutory applications, this session will discuss:

• Structuring affidavits to address each element of interlocutory relief sought.
• Using chronology, headings and exhibits to assist judicial navigation and understanding.
• Avoiding the pitfalls of argumentative, lengthy or non-compliant affidavits.
• Managing confidentiality issues, including redaction and suppression orders.
• Common issues involving hearsay, opinion, submissions and irrelevant material.
• Drawing the line between advocacy and evidence when preparing affidavits.
• How courts are treating affidavit evidence in interlocutory decisions.