Book Review: The Law of Affidavits

Author: John Levingston
Publisher: The Federation Press 2013
Reviewer: Patricia Feeney, Queensland Bar

“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.

The text covers the fundamentals of affidavits including their history, definition and form together with the practical requirements of swearing, filing and serving.  The author provides a thorough discussion of the process of obtaining instructions and preparing an affidavit. It is particularly pleasing to see that Mr Levingston pays specific attention to the ethical obligations associated with preparing and relying on affidavit evidence.

Questions which frequently arise in practice such as the admissibility of affidavit material and objections that can be taken to such evidence; the attendance and cross-examination of deponents; and the extent to which opinion evidence can properly be included are all dealt with in a comprehensive but accessible way.

Across all topics, Mr Levingston has made liberal use of checklists which are equally beneficial to the novice and the experienced practitioner. The appendices to the text are also of extremely practical benefit containing, as they do, summaries of the rules and regulations relating to the various jurisdictions of Australian and New Zealand Courts together with a number of useful precedents. 

The Law of Affidavits 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.

Patricia Feeney
Chambers