Sample affidavit when witness required to give evidence

IN THE VICTORIAN CIVIL AND

ADMINISTRATIVE TRIBUNAL

DOMESTICBUILDING LISTVCAT Ref: D200/2009

Bob the BuilderApplicant

Jeremy Johns Respondent

AFFIDAVIT

Date of the document:11 November 2011

Filed on behalf of:The Respondent

Anderson Smith

Solicitors

Level 7, 555 King RoadTel: (03) 555 1234

Melbourne Vic 3000Ref: MPD:02356-50

I, John Smith of Level 7, 555 King Road, Melbourne in the State of Victoria, Solicitor make oath and say as follows:

  1. I am a solicitor with the firm Anderson Smith and subject to the supervision of my principals, have the care and conduct of this action on behalf of the Respondent.
  2. I seek leave of the tribunal to issue and serve the attached Summons to Appear on Mr Frederick Jones of 10 Placid Street, Brisbane in the State of Queensland.
  3. I undertake to serve the required funds to cover transport costs to and from the tribunal sitting at 55 King Street, Melbourne and the witness’ home address at 10 Placid Street, Brisbane.
  4. I undertake to serve the Summons to Appear together with the Form 5.
  5. The evidence of Mr Frederick Jones is essential to the Respondent’s case having regard to the evidence given by the Applicant.
  6. There is sufficient time between the date of swearing this affidavit and the date of hearing for appropriate arrangements to be made to ensure the least amount of disruption to the witness.

Sworn at Melbourne in the

State of Victoria this 15 November 2011

Before me:

Sample affidavit when witness required to produce documents only

IN THE VICTORIAN CIVIL AND

ADMINISTRATIVE TRIBUNAL

DOMESTICBUILDING LISTVCAT Ref: D200/2009

Bob the BuilderApplicant

Jeremy Johns Respondent

AFFIDAVIT

Date of the document:11 November 2011

Filed on behalf of:The Respondent

Anderson Smith

Solicitors

Level 7, 555 King RoadTel: (03) 555 1234

Melbourne Vic 3000Ref: MPD:02356-50

I, John Smith of Level 7, 555 King Road, Melbourne in the State of Victoria, Solicitor make oath and say as follows:

  1. I am a solicitor with the firm Anderson Smith and subject to the supervision of my principals, have the care and conduct of this action on behalf of the Respondent.
  2. I seek leave of the tribunal to issue and serve the attached Summons to Appear on Mr Frederick Jones of 10 Placid Street, Brisbane in the State of Queensland.
  3. I undertake to serve the required funds to cover transport costs to and from the tribunal sitting at 55 King Street, Melbourne and the witness’ home address at 10 Placid Street, Brisbane.
  4. I undertake to serve the Summons to Appear together with the Form 5.
  5. It is essential to the Respondent’s case that the documents identified in this summons to appear are produced to be inspected by the Applicant, but I do not anticipate that it will be necessary for Mr Frederick Jones to give evidence in this hearing.
  6. There is sufficient time between the date of swearing this affidavit and the date of hearing for appropriate arrangements to be made to ensure the least amount of disruption to the witness.

Sworn at Melbourne in the

State of Victoria this 15 November 2011

Before me: