📄 What Is an Affidavit?

An affidavit is a sworn or affirmed written statement of facts that will be relied upon as evidence in your case.

• 📌 Must be in your own words, truthfully stated
• 📌 Must comply with rules of evidence
• 📌 Must be signed and witnessed by an authorised person

📌 In Family Court, the General Affidavit form is used. Not Form 2.

📟 When Is It Used?

Your affidavit supports:

• 📌 An Initiating Application (Form 1) or a Response (Form 1A)
• 📌 An Application in a Proceeding (Form 2)
• 📌 Any request for interim or final orders

Courts may limit how many affidavits can be filed and when, especially in trial directions. Always check any existing orders or directions.

🧰 Affidavit Toolkit

Included in the Phase 2 Bundle – Prepare Your Affidavit:

• 📄 Sample affidavits for parenting and property cases
• 📋 Affidavit structure guide (intro – issues – facts – annexures – conclusion)
• 🧠 Writing prompts to help you stay focused
• 📎 Tips on formatting and numbering annexures
• 🔖 Template: Annexure Certificate

🛑 What to Avoid

• 🚫 Telling the Court how to feel ("He is a terrible father")
• 🚫 Repeating hearsay or unverified stories
• 🚫 Attaching texts or emails without context
• 🚫 Venting frustration instead of stating facts

✅ Instead: Describe what happened, when, where, and how it's relevant.

🧘‍♀️ Gentle Reminder

"This is your voice, on the record. Speak truthfully. Use structure. Don't try to sound like a lawyer."

📋 What Forms Do I Need?

• Form 13 – Financial Statement– for property matters
• Undertaking as to Disclosure – required for all matters involving disclosure
• Subpoena – optional, only if evidence is unobtainable otherwise

📂 Sample Documents to Review

• ✅ Form 13 – Financial Statement
• ✅ Undertaking as to Disclosure
• 🔒 Disclosure Checklist (Included in Paid Phase 3 Pack)
• 🔒 Sample Affidavit of Disclosure (Included in Paid Phase 3 Pack)

Did You Know?

The Court expects full and frank disclosure. If you hide information, it can result in penalties or delays. Subpoenas can compel third parties to produce documents—but they must be relevant and necessary.

What's Inside the Paid Phase 3 Pack

• ✅ Detailed Disclosure Checklist
• ✅ Sample Affidavit of Disclosure
• ✅ Subpoena Drafting Guide
• ✅ Common Disclosure Mistakes & Fixes

Practical Tip

Focus on disclosing:

• Assets (owned jointly or individually)
• Liabilities
• Income
• Superannuation
• Trust interests or inheritances

🔍 What Is This Stage Really About?

You'll either:

• Resolve the matter through mediation (FDR), or
• Continue toward a court determination

Most cases are expected to attempt mediation first — unless risk, urgency, or previous attempts justify going straight to trial.

🔀 Two Pathways

Family Dispute Resolution is a structured process aimed at resolving issues without a trial. This may include:

• 📌 Parenting matters: Childcare, time arrangements, parental responsibility
• 📌 Property matters: Asset division, superannuation splits

📚 You'll be expected to provide proposals, financial documents, and attend in good faith.

• 📌 Certificate of Dispute Resolution may be required before filing parenting proceedings.

2. ⚖️ Court / Litigation

If mediation fails or is inappropriate, your matter will be case managed through:

• 📌 Procedural Hearings (directions, timetables)
• 📌 Conciliation (property)
• 📌 Interim hearings
• 📌 Trial (if required)

You'll need to comply with orders regarding evidence, affidavits, subpoenas, and disclosure.

⚖️ When Is It Used?

• 📌 If you've filed and responded, and need to resolve disputed issues
• 📌 If a Certificate of Dispute Resolution is required before filing in parenting
• 📌 If the Court has directed you to attempt conciliation or FDR
• 📌 If mediation has failed and the Court is preparing the matter for trial

✍️ At this stage, preparation is crucial. Poor proposals or disorganised disclosure can impact both mediation outcomes and Court expectations.

🧰 Phase 4 Toolkit

Included in the "Phase 4 Pack – Mediation & Court":

• 📋 FDR Readiness Checklist – Avoid common mediation pitfalls
• 📝 Proposal Templates – Parenting and property resolution guides
• ⚖️ Court Readiness Guide – What happens after mediation fails?
• 📄 Evidence List Generator (editable)
• 📋 Subpoena Primer – When, how, and why to issue subpoenas

❌ Common Mistakes to Avoid

• Arriving at mediation without a clear proposal
• Assuming mediation is informal – it still influences the Court
• Failing to understand subpoena requirements or use them prematurely
• Ignoring timelines for compliance and disclosure
• 📋 Subpoena Primer – When, how, and why to issue subpoenas

🧘‍♀️ Gentle Reminder

"The goal isn't just to win — it's to resolve. Approach mediation with clarity, humility, and preparedness. Even if resolution fails, your conduct will speak volumes in Court."

🔍 What Is This Stage Really About?

You're getting ready for trial, whether that's a parenting case, property dispute, or both. This includes

• Ensuring your affidavit evidence is complete and relevant
• Organising exhibits, documents, subpoenas, and timelines
• Attending Callover (usually a scheduling hearing before the trial judge)

⚖️ When Is It Used?

• If the matter didn't settle at mediation or conciliation
• Once trial directions are issued and Callover is scheduled
• To comply with orders about subpoenas, exhibits, trial books, and evidence filing

🧰 Phase 5 Toolkit

Included in the "Phase 5 Pack – Trial Preparation":

• ✏️ Trial Preparation Checklist (editable)
• 📃 Affidavit Exhibit Labelling Template
• 📁 Callover Guide + What to Expect
• 🔢 Trial Book Layout Guide
• 🔧 Evidence Folder Template (editable)

❌ Common Mistakes to Avoid

• Submitting affidavits that are too long, irrelevant, or lack supporting evidence
• Failing to follow procedural directions (e.g., Callover attendance, subpoena deadlines)
• Leaving trial book or exhibit prep to the last minute
• Not understanding the difference between Callover and trial hearings

🧘‍♀️ Gentle Reminder

"Good preparation isn't just legal – it's strategic. A focused, well-organised presentation of your case gives the Court clarity and shows you respect the process."

🔍 What Is This Stage About?

This stage helps when someone has:

• ❌ Breached a Court Order (Contravention)
• ↺ Circumstances have changed and you need to vary an Order
• ✉️ Needs to recover a child or enforce parenting/property terms

❗ When Is It Used?

• 📅 After Orders are made and not being followed
• 🌐 When material circumstances have changed
• 🔒 To apply for enforcement, variation or recovery

Sample documents are not provided here—but our Phase 6 Pack includes templates and guides to help you prepare compliant filings.

📦 Included in the "Phase 6: Enforce or Change Court Orders" Pack:

• 🖊️ Enforcement & Variation Toolkit
• ✏️ Certificate of Conferral Template (Property)
• 📚 Recovery Order Primer
• 🖋️ Contravention Application Checklist
• 🔎 Strategy Guide: How Courts View Breaches

"Not every breach needs Court. But when it does, make sure your paperwork speaks clearly, legally, and firmly."

🔍 What Is This Stage Really About?

This stage is for litigants who believe the Court's decision was:

• Legally incorrect
• Procedurally unfair
• Made in a way that denied justice

It's not a second chance to argue your case — your appeal must be grounded in legal error or serious injustice.

🔍 What Is This Stage Really About?

📘 Appeal

• To the Family Court of WA or FCFCOA Full Court
• Shows error of law or serious injustice
• Filed within 21 days of the original order
• Leave to appeal may be required (e.g., for interim orders)

📗 Review

• Reconsideration of a Registrar's decision
• Less formal than appeal, but time-sensitive
• Limited to procedural/finalisation issues

⚖️ When Is It Used?

• You believe the Court made a legal or procedural error
• You were not afforded a fair hearing
• The decision has caused serious injustice
• You want to review a Registrar's procedural decision

⏰ Don't Delay: Appeals must be filed promptly. Most have a 21-day limit from the date of the order.

📦 Included in the "Phase 7 – Appeal & Review" Pack:

• 📝 Is an Appeal Right for Me? – Decision guide (checklist)
• 📄 Grounds of Appeal Draft Builder – Editable template
• 📚 Sample Forms Pack – Form 20, Affidavit, Notice of Appeal.
• ⏱️ Timeline Tracker – Never miss a deadline
• 📘 Leave to Appeal Explainer – When & how it applies

"Appeals are not a second chance to argue your case differently. They require specific legal grounds and must be filed within strict time limits. Consider seeking legal advice before proceeding."