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  • 13/08/2020 1:07 PM | Caralee Fontenele

  • 20/05/2020 2:00 PM | Caralee Fontenele

    Dear Members,

    The GCDLA committee has been approached by the Southport Magistrates and District Courts Support Staff to check whether any practitioners are missing out on their (the Courts') outgoing general email communications. If you have not been receiving regular emails from the Courts please email GCDLA so as your email address can be informed to the Courts' Staff and their lists for practitioners seeking communications.

    The email to use is: info@gcdla.com.au

    The committee will then send the addresses to the Court for inclusion in their distribution list.

    Many thanks and thank you to the Court staff for offering to assist in this fashion.

  • 10/02/2020 3:43 PM | Caralee Fontenele

    We were very pleased to welcome our cohort of commencing students in Orientation week with on campus events at the Gold Coast on Monday 17 February and at Nathan on Tuesday 18 February. Our students participated in information sessions, followed by campus tours, meeting their student mentors, lunch and a Q&A session.

    We were then pleased to host all of our commencing students, from both the Gold Coast and Nathan, at an event held at the Banco Court on Friday 21 February, where students were welcomed to the legal profession as ‘legal professionals in training’.

    The Honorable Justice Mullins welcomed the students to the court, while Dominic O’Sullivan QC welcomed them on behalf of the Bar Association, and President Luke Murphy welcomed them on behalf of the Queensland Law Society.

    Students then heard from a range of our alumni about their many and varied careers. We had presentations from Erin Mitchell, Director at Potts Lawyers; Fiona Lubett, commercial barrister; Rikki-Jane Buckland, lawyer at Gold Coast Community Legal Centre; Dean Clifford Jones, Parole Board Queensland; Brad McNamara, now a lawyer but talking about working as a Judge’s Associate to a Court of Appeal Judge; James Kerr, in house legal counsel; and Dr Kate Van Doore on working as a legal academic.  Students had lots of opportunities over morning tea and lunch to speak with all of our presenters, and many told us that they came away feeling very inspired about where their law degree might take them.

    At Griffith Law School we not only teach our students what the law is but also to think critically about law and where it is or is not serving the cause of justice; and to use legal skills and knowledge to make a positive difference in the world.

    We are extremely proud of our many wonderful alumni who are always keen to give back and to support and nurture the next generation of Griffith Law School students. They remain part of our Griffith Law School community and support the school in numerous ways for the benefit of our students, whether it is coaching competitions, mentoring students, or giving our students work experience or internship opportunities.

    For me, one of the great privileges of being a law school academic, has been teaching and getting to know many fabulous Griffith Law School students and then following their brilliant careers after they graduate. We have alumni working as barristers, in law firms, in corporations, in government, international non-government organisations, all over the world. I was delighted to catch up with many of them at alumni events in Singapore and London last year.

    There will be another excellent opportunity for all of our students to network with the legal profession at our “Meet the Profession” event at the Banco Court on 12 March.

    Associate Professor Therese Wilson

    Dean of Law and Head of School

    Griffith Law School

  • 10/02/2020 7:56 AM | Caralee Fontenele

    Thank you to everyone who joined us at the first Gold Coast District Law Association mentoring breakfast for 2020.

    Our mentors and mentees have now been paired up and have had an opportunity to meet each other at this first event, we are excited to learn, share and grow with each other this year.

    The GCDLA mentoring program is called GLAD - Gold Coast Lawyers Achieving Development and we are all looking forward to building new relationships with fellow colleagues in our legal profession on the Gold Coast and developing our personal and legal skills.

    GLAD is now in its 4th year having seen nearly 100 participants engage in the program.  

    We are grateful for the continued support of the Queensland Law Society in this initiative.

  • 07/02/2020 11:07 AM | Caralee Fontenele

    Who is your Silver Sponsor; Express Settlements….

    Our Mission - ‘Providing Financial Breathing Space’

    We work closely with our partner law firms in order for us to find the right solution for us to add value to both the firm and your clients financially. We offer funding solutions for Personal Injury and Compensation sector primarily, to also include, Family Law, Wills and Estates, including Property.

    Our solutions for the funding of disbursements and outlays are:

    • -          Simplified payment process
    • -          Fast electronic processing via EFT
    • -          No client involvement – our agreement is with you the law firm
    • -          Daily processing of payments
    • -          Online portal for invoice upload and disbursement matter management
    • -          We pay all suppliers directly – no funds in trust
    • -          Nothing to pay until the case settles or at term
    • -          Funding model to fund all outlays and disbursements
    • -          Funding model for one or two larger outlays or disbursements
    • -         

    Our PRE and POST Settlement Funding is a service we provide to your clients, to help relieve pressure at a time of great stress by providing financial breathing space.

    Should you wish to find out more then please feel free to reach out to me at rscott@espresssettlements.com.au or give me a call on 0428 455 312.

    We look forward to supporting the GCDLA and getting to know the committee and members over the coming months.

    Many thanks – Rachel Scott - CEO

  • 07/11/2019 8:32 PM | Erin Mitchell (Administrator)

    GLAD Mentoring Program

    (Gold Coast Lawyer Achieving Development)


    “Mentoring is a brain to pick, an ear to listen, and a push in the right direction.” — John Crosby


    The value of mentoring cannot be underestimated.

    In 2016, the Gold Coast District Law Associate began their mentoring program with 16 participants.  By the end of our 2019 programme, 69 participants have been involved in our programme. In October 2019 we held an end of year workshop for our mentors and mentees with Melinda Fisher, talking about change, growth and leadership as we head into 2020.

    GLAD offers a valuable opportunity for mentor senior practitioners to share their experience, knowledge and skill with mentee lawyers.

    Our mentoring programme is free to members and the Queensland Law Society has supported our programme since 2016 by sponsoring the breakfast events which are held every second month. As the programme is free to members there is no barrier to involvement.

    Those involved in our 2019 programme commented:

    Mentors:My Mentee has been easy to get along with and eager to receive advice

    I have really enjoyed being a part of this programme and think it is really invaluable


    Mentees: My mentor has assisted me with many queries, whether broad or specific, advised me on various approaches to dealing with emotionally charged clients, shed light on life outside law, and also provided me with valuable early law career advice.


    … really enjoyed the breakfast events and smaller tables so that you can rotate and meet other people in other practice areas’


    What are you waiting for?  Isn’t it time to join Glad 2020? Click HERE for mentors or HERE for mentees to express your interest.


    The GLAD committee

    Joelene, Erin and Kathy

  • 09/04/2019 2:16 PM | Caralee Fontenele


    During the course of bankruptcy administrations, one of the most frequently encountered asset protection structures are discretionary family trusts. It's a reasonably secure protection strategy in the event of bankruptcy because trust assets held by the bankrupt do not form part of the bankrupt's divisible assets and are not available for the benefit of creditors (section 116(2)(a) of the bankruptcy Act 1966.

    And if the bankrupt was a beneficiary of the family trust, it will not make any distributions to the bankrupt as those distributions would likely become divisible assets or assessable income during the bankruptcy period.

    However, a bankruptcy trustee has several powers and options to 'attack' a typical family trust or otherwise recover funds, which commonly include:

    • Existing debts; 
    • Voidable transactions; and
    • orders in relation to controlled entities

    Existing Debts

    Our initial investigations always involve obtaining the family trust's financial records, which we can obtain pursuant to section 77A of the Bankruptcy Act if the trust meets the definition of an associated entity. We review the records to establish if any outstanding debts or loans are owed to the bankrupt by the trust. This may include unpaid outstanding employee entitlements if the family trust operated a business.

    Those financial records also assist in our investigations into the other potential claims discussed below.

    Voidable Transactions

    Commonly, the family trust assets comprise of assets or funds transferred from the bankrupt prior to the bankruptcy date. These include transfers of real property (often the family home shortly prior to commencement of a risky business endeavour), large cash payments, redirection of part of the bankrupt's ordinary wages or assignments of loans and debts to the trust.

    If the bankrupt did not receive a commensurate benefit from such transactions, it may give rise to a potential 'undervalued transaction' or 'transfer to defeat creditors' claim against the family trust. Primarily, the transaction must mean the bankrupt received less than fair value for the transfers of the assets and the transaction occurred within the relevant time frames. If argued that those transfers were to repay and existing liability owed to the family trust, this could also potentially give rise to a preferential payment claim.

    Orders in relation to controlled entities

    Division 4A of the Bankruptcy Act is sometimes colloquially referred to as the "trust busting" provisions. Its purpose is to enable reveries where bankrupts have historically diverted personal assets or income to an entity that they control, such as a family trust. IT seeks to make available, for the benefit of creditors, the accumulation of assets in a trust or other structure that resulted from the bankrupt's efforts and exertions. Broadly, depending on specific circumstances, the elements to establish a Division 4A claim will generally include the following:

    1. The bankrupt supplied personal services to the controlled entity without commensurate remuneration for those services and/or provided financial contributions to the controlled entity.
    2. The controlled entity acquired property, and/or their net wealth increased from those services or financial contributions.
    3. The bankrupt derived a benefit from the property when the bankrupt controlled the entity.
    4. The controlled entity still has an interest in the asset.

    The Bankruptcy Act sets out the particular combination of elements that apply to establish a claim depending on the specific circumstances. If a valid claim exists, the courts can make orders to vest the interest in the asset in the bankruptcy trustee or for the controlled entity to pay a specified amount to the bankruptcy trustee.

    The above examples are some of the more common investigations and recovery actions against family trusts; however, often other potential claims are available depending on the administration's specific circumstances.

    It should also be noted that quite often, bankrupts hold the power to replace and appoint a new trustee. Throughout the years, we have been requested on many occasions to exercise that power to appoint a "friendly" trustee to distribute discretionary trust assets. The courts have held that the general power of appointment is not property that vests in a bankruptcy trustee pursuant to section 58 or 116 of the Bankruptcy Act (RE Burton: Wiley V Burton (1994) 126 ARL 557) and accordingly, that option is not available.

  • 05/04/2019 5:42 PM | Caralee Fontenele

    The Supreme Court has announced that there will be a 2 week sitting of the Supreme Court convened by his Honour Justice Boddice from 2 – 13 September 2019. Jane FitzGerald of French Quarter Chambers has recently met with his Honour and is pleased to report that he conveyed a desire on the part of the judiciary to work with us to promote the sitting and endeavour to make it as successful as possible. The callover for the sittings will be on 30 April 2019. Matters to be included in the callover are to be notified to his Honour’s Associated by 19 April 2019. Please read more on how you can assist in demonstrating the need for a Supreme Court Appointment on the Gold Coast.

  • 03/12/2018 5:37 PM | Caralee Fontenele

    by David J Renfrey on 3 Dec 2018


    The issue of procedural fairness, no matter what area of law, always looms as fertile ground for possible appeal. This possibility is perhaps even more heightened when a self-represented party is involved in proceedings.

    The recent case of Nobarani v Mariconte [2018] HCA 36 is such an example. It provides compelling circumstances which drew the High Court of Australia (HCA) to unanimously find that the appellant had been denied procedural fairness, concluding a substantial wrong or miscarriage had occurred.

    However, this case also highlights other potentially important issues for legal representatives which are worth consideration. In particular, whether or not the respondent’s case was developed in the context of a strategic approach and whether or not the respondent’s counsel had a duty to alert the trial judge to certain matters of process throughout the proceedings.

    This matter was originally heard in the Supreme Court of New South Wales during 2015 and subsequently, in the Court of Appeal before ultimately coming before the HCA. The HCA handed down a unanimous judgment in August 2018. Central to the appeal was the question of whether or not a new trial should be ordered because the appellant had been denied procedural fairness in the context of a trial at first instance regarding the respondent’s claim for probate of a will in solemn form.

    Pre-Trial Background

    The appellant, Mr Nobarani, claimed an interest in the 2013 Will of the late Ms Iris McLaren that had been handwritten. The Will had been drawn up by the deceased’s solicitor and purportedly witnessed by a Ms R Parseghian and Mr C Yuanun.

    As a result of the appellant’s challenge, he filed two caveats against a grant of probate. The respondent, Ms Mariconte, subsequently sought orders to have the caveats cease to be in force. Until 15 May 2015, the appellant’s preparation for the upcoming trial on 20 and 21 May 2015 had been limited to those proceedings [2]. Throughout the process, the respondent was represented by senior and junior counsel. The appellant was self-represented.

    On 14 May 2015, just 3 business days before the trial, the trial judge held the first directions hearing. For the first time the respondent submitted the appellant’s caveats had lapsed due to time. At this point, the appellant was told the upcoming trial would be of the claim for probate. The judge directed the appellant to file and serve his defence to the statement of claim by 18 May 2015. That was within one clear business day. The judge also directed the appellant to serve any supplementary evidence he wished to rely upon that was in addition to affidavits he filed in his caveat proceeding.

    However, the trial judge was not informed prior to making those directions that the appellant was not a party to the probate proceedings, or that the appellant’s affidavits had been filed only in connection with the caveat motion [3]. It is clear that counsel for the respondent did not draw these circumstances to the court’s attention at this point.

    The Trial

    Nonetheless, on the first day of the trial, 20 May 2015, the appellant was joined as a party to the claim. Having added the appellant as a defendant to her action by amending her statement of claim, she sought costs against him.

    The trial judge described the appellant’s defence as “almost incomprehensible”. However, despite requests by the appellant for adjournments to call witnesses, read documents and call expert evidence, no adjournments were granted. Nonetheless, the trial judge proceeded on the basis that the appellant had put in issue by credible evidence: questions of execution, questions of capacity, questions of testamentary intention, knowledge and approval. As a consequence, these matters placed the onus on the respondent to address.

    In relation to the caveat motion, respondent’s counsel argued firstly, they had expired, and secondly, the appellant had no interest that could support the caveats because the 2004 Will had not been proved. The trial judge was of a different mind given that the respondent had admitted to the 2004 Will. This in fact gave the appellant an interest in the earlier Will and, in turn, allowed him standing to challenge the 2013 Will.

    The trial judge was ultimately satisfied of the respondent’s case, granting probate in solemn form of the 2013 Will and ordering the appellant to pay the costs of the respondent. His decision was handed down on 22 May 2015.

    New South Wales Court of Appeal

    The court noted that the appellant had a number of grounds on which he appealed but in essence, they boiled down to a denial of procedural fairness. The sub-grounds included: his inability to a long-time friend of the deceased, Mr Lemesle, as a witness or to rely on his affidavit; the trial judge’s failure to allow him an opportunity to cross-examine Ms Parseghian; the trial judge’s failure to allow him to call expert evidence, including his failure to allow the appellant time to issue subpoenas, with respect to the deceased’s eyesight; and the trial judge’s failure to give him an opportunity to be heard in relation to objections to his affidavit evidence.

    Simpson JA concluded all but the last sub-ground noted above came about directly as a result of complaints arising from the last minute change to the issue to be decided at the trial held on 20 and 21 May 2015.

    This notwithstanding, the majority of the Court of Appeal found in favour of the respondent. Ward JA considered that although procedural fairness had been denied, that denial did not deprive the appellant of the possibility of a successful outcome. Emmett AJA concluded the appellant appeared to have no interest in the validity of the 2013 Will.

    Simpson JA, on the other hand, would have allowed the appeal as the appellant had been denied procedural fairness and that denial was a substantial miscarriage of justice.

    Appeal to the High Court of Australia

    The appellant argued the majority of the Court of Appeal erred by not ordering a retrial, concluding that the denial of procedural fairness could not have made a difference to the final result and that the appellant had no interest in the estate sufficient to challenge the 2013 Will.

    In contrast, the respondent, by way of notice of contention, argued that there was no denial of procedural fairness, but if there had been, there was no substantial miscarriage of justice by reason of any such denial.

    The HCA considered the question of when a new trial should be ordered and referred to s101(1)(a) of the Supreme Court Act 1970 (NSW). This provides the circumstances under which an appeal can be brought from a judgment of the Equity Division. Section 75A(10) provides that powers of the court on appeal include that the:

    “Court may make….. any order….. which the nature of the case requires”.

    However, this is subject to section 101(1)(a), Uniform Civil Procedure Rules (NSW) and, in particular, Rule 51.53(1) which provides:

    “The court must not order a new trial on any of the following grounds:

    a. Misdirection, non-direction or other error of law,

    b. b. Improper admission or rejection of evidence’

    c. c. That the verdict of the jury below was not taken on a question that the trial judge was not asked to leave to the jury’

    d. On any other ground, unless it appears to the court that some substantial wrong or miscarriage has been thereby occasioned.”

    The HCA concluded that a denial of procedural fairness was indeed captured by the last of the circumstances of Rule 51.53(1).

    Appellant entitled to new trial

    The HCA determined in its reasons that the denial of procedural fairness arose from the consequences, and effect on the appellant, of altering the hearing, at short notice, from a hearing of the caveat motion to a trial of the statement of claim. Moreover, the appellant’s adjournment applications were attempts to ameliorate those consequences [40].

    The trial judge gave two reasons for denying the adjournments. First, he said the matter had been set down for hearing for some time and the applicant had been warned on 14 May 2015 that he needed to have all his evidence ready for the trial on 20 and 21 May 2015. Second, the trial judge said given the vagueness with which the applicant presented many of the procedural issues, and the disorder of his case, the court had no confidence that an adjournment would lead to his case becoming any more precise [41].

    However, the HCA also noted the trial judge was unaware that the dates set down for hearing were only to be used for the caveat motion, and no directions had been given to the applicant in relation to take any further steps, including filing or service of documents [42].

    The HCA identified 3 issues in the abbreviated timetable prior to trial that had consequential effects on the outcome.

    1. The applicant was not able to cross-examine a significant witness as to the deceased’s mental and physical condition because he did not give notice to the other side within the short timeframe. This was compounded by the applicant’s inability to cross-examine a further witness to the 2013 Will whose address appeared to be that of a vacant building site.

    2. The trial judge refused to take account of an affidavit from another witness because it was annexed to the applicant’s defence filed in opposition to the caveat motion, nor was the affidavit read and the witness was not subpoenaed or brought before the court.3.

    3. Despite objections from senior counsel for the respondent, the appellant was given access to the solicitor’s diary for the period 5 to 10 December 2013. However, the trial judge gave him only “about one minute to decide what you are going to do next” and an application to have the diary considered by an expert was refused.

    The HCA concluded that while each of these factors alone may not have amounted to a denial of procedural justice, together, along with the abbreviated timeframe for preparation, such injustice had been done [44].

    The respondent’s counsel argued the appellant had known for months of the hearing for the caveat motion but the HCA rejected this saying there is considerably less preparation involved in such a hearing compared to that of a trial. Moreover, it was reasonable for the appellant to proceed on the assumption that he would have success in the caveat hearing and therefore there was no need for him to prepare for a trial [45].

    The HCA further concluded that the denial of procedural fairness to the appellant amounted to a “substantial wrong or miscarriage.” The appellant was in fact denied the possibility of a successful outcome [46]. Importantly, the HCA stated that:

    “in this case, no legal representative would reasonably have been refused an adjournment if presented with only three clear business days to prepare for a trial of proceedings to which their client had not yet been joined and in which their client had not been the subject of pre-trial orders for preparing and filing a defence, preparing and filing evidence, issuing subpoenas, and locating and confirming availability of witnesses [47].” Counsel for the respondent argued that the HCA ought not to rule in favour of a new trial, despite the denial of procedural fairness, because such a course of action would not make any difference to the result [48]. However, the court did not accept this proposition. Nor did it accept a further argument from counsel based on the conclusion reached by Emmett AJA, NSW Court of Appeal, that the appellant had no interest in challenging the 2013 Will. The HCA said “a person will have a sufficient interest if he or she has a right which will be affected by the grant [49].”


    The appeal was therefore allowed, and the matter remitted to the Equity Division of the NSW Supreme Court for a new trial. The respondent was also ordered to pay the appellant’s costs, both for the hearing in the NSW Court of Appeal and the appeal to the HCA. 

  • 27/11/2018 12:13 PM | Caralee Fontenele

    by Frank Maconi on 27 Nov 2018

    There is a lot of literature on drafting affidavits, but I think it’s worth reflecting on some of the most fundamental points.

    Affidavits are very, very important.

    Good affidavits can make your case. Bad ones can cause your case to end in disaster.

    These days most evidence in chief is given by affidavit – the glaring exception being the criminal jurisdiction, where direct oral (or viva voce) evidence is preferred and still the norm.

    Drafting good affidavits is an essential part of all litigation. It is a skill that can be learnt to a certain point.

    I don't profess to be an expert on drafting affidavits. I do like to keep in mind a few pointers that I want to share with you.

    1. Ask ‘why’. Even before putting pen to paper, you should ask yourself the ‘why’ (in other words what is the purpose) of the affidavit. You might think this is obvious. It’s not. I always ask myself questions along the lines of ‘why do I need this affidavit?’, ‘what am I seeking to prove?’, ‘is there another way to prove the same thing?’ and ‘how will it advance my client’s case?’ Remember, affidavits (even the ones already filed in court) are not evidence, until they are read or until you tender the affidavit through a witness. So always ask ‘why’.

    2. Put yourself in the witness’s shoes. If you decide you need an affidavit from a witness, put yourself in their shoes. Use their language and expressions. Don’t be technical or use legalese – no one is impressed, and it may detract from the persuasiveness of what a witness is trying to say. Don’t present arguments – save that for submissions. Do show their account of what happened, how it happened and where it happened. Perhaps, you are better to start with a witness statement before drafting an affidavit. Witness statements have the advantage that you can record everything the witness wants to say and you can use the important points later on for the affidavit.

    3. Consider the contents. Generally, a witness is entitled to swear to what they saw, felt, touched or tasted and, in some cases, to what they heard (remember the rule against hearsay and exceptions to the rule). That doesn’t mean a witness should swear to everything under the sun. The contents of an affidavit will vary. Try to draft the affidavit so the words given by your witness support your client’s version of a fact in issue.

    4. Remember the rules of evidence. As with all evidence, the rules of evidence apply to affidavits. Remember the three pillars of (1) relevance; (2) admissibility; and (3) weight. Think of each of these when drafting your affidavit i.e. (1) ‘is the statement relevant to a fact in issue?’ (2) ‘is the statement properly admissible or does it breach a rule of evidence?’; (3) ‘how much weight is a court likely to put on the statement?’. 

    5. Who is the deponent? It’s important to correctly identify the deponent of an affidavit. This includes drafting their full name, address and occupation. If the witness doesn’t want to disclose their address, it can be care of your office. The first thing the courts will notice is who the person swearing the affidavit is. This anchors the court to the paragraphs that follow and to the general narrative of the hearing. 

    6. What about authority? Your first paragraphs should identify the authority of the person swearing the affidavit. Be careful the person swearing actually has authority to do so. Does Joe Blogs, solicitor have authority to swear the affidavit on behalf of client x? Does Ms Smith, Director of company Y, have authority to swear the affidavit on the company’s behalf? You would be surprised how often this issue is overlooked.

    7. Be persuasive. Being persuasive means that your client’s case is more convincing than the opponent’s case. Persuasiveness comes from contents, but also from form. Try to be clear, simple and logical when drafting your affidavit. Structure it so one paragraph is used for one fact at a time.

    8. Always be truthful. Being persuasive is only half of the story. The reason I have underlined the word truthful, is that you and your witness must always be candid and truthful with the court. Must. Remember your professional duties. But also remember that witnesses who swear affidavits are liable to be cross-examined by the other side. If they are found to have exaggerated (or lied) the result could be disastrous for your case.

    9. No opinions, please. Unless the person swearing the affidavit is an expert, or you provide lay opinion evidence, avoid opinions in affidavits. Don’t even use the expression ‘I opine’. Opinions are largely irrelevant and inadmissible.

    10. Things to avoid. You should also avoid the following:  

    • Long paragraphs – use short sentences instead.
    • Complicated language – use simple language if you can, unless an expert needs to express something in technical terms.

    • Spelling mistakes, punctuation and grammar – that goes without saying.

    • Submissions – don’t argue, state facts.

    • Conclusions – don’t make conclusions or swear to the ‘ultimate issue’. Courts decide the ultimate issue, not your witness.

    • Self-serving statements (or prior consistent statements) – no one believes them anyway and they are inadmissible.

    • Irrelevant facts.

    • Facts your client can’t 100% swear to.

    11. Think of your audience. The consumer of your affidavit is a judge. Make the affidavit easy to read, logical and concise. Be chronological and use subheadings.

    12. Complying with directions and timeframes. I think it's important to comply with directions in terms of filing and serving affidavits. It shows you are on top of your case. It also gives the other side a fair opportunity to prepare their own material. If you are short of time, ask for an extension. You may need to have the matter listed for further directions.

    A final word.

    Remember that both you and the other side can object to an affidavit. This needs to happen before the affidavit is read or tendered through a witness.

    When I want to object to affidavits, I ask my solicitor to write to the opposing solicitor and foreshadow that objections will be taken. I also like to prepare a table of objections that I use from the bar table.

    When you object to contents in affidavits, effectively you are applying to strike out parts of the affidavit in question. Take the judge through your objections slowly. Don’t rush. It will take time, but it may tip the scales in your client’s favour.

    Drafting good affidavits can be a complex task. You can always ask your counsel to settle affidavits before they are sworn.

    I hope you find my pointers useful the next time you are drafting an affidavit.

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