• CPD Points: 1 [PS] [SL]
  • Price: $89.00
  • Area: Advocacy; Legal Skills & Technique; Litigation
  • Delivered: November 2024
Digital Content
  • Recording
  • Paper (Slides, 31 pages)

To purchase login below

Description

In this session, delivered into the 2024 Litigation Conference, Alexander Kuklik, Barrister, Third Floor Wentworth Chambers, discusses how and when direct speech should be used in affidavits.

Session outline

  • Reporting speech in affidavits: The traditional approach and the current controversy; Recent conflicting decisions on the common practice; and How to navigate the issue. 
  • Presenting affidavit evidence effectively.

Key takeaways

  • There has been a challenge to the rule of practice regarding the use of direct speech in affidavits and the use of the phrase "words the following effect".
  • Conflicting recent decisions have created potential confusion regarding this practice.
  • At this stage use of the this phrase is probably acceptable, but should be implemented with thought and care.
  • CPD Points: 1 [PS] [SL]
  • Price: $89.00
  • Area: Advocacy; Legal Skills & Technique; Litigation
  • Delivered: November 2024
Digital Content
  • Recording
  • Paper (Slides, 31 pages)

To purchase login below

Description

In this session, delivered into the 2024 Litigation Conference, Alexander Kuklik, Barrister, Third Floor Wentworth Chambers, discusses how and when direct speech should be used in affidavits.

Session outline

  • Reporting speech in affidavits: The traditional approach and the current controversy; Recent conflicting decisions on the common practice; and How to navigate the issue. 
  • Presenting affidavit evidence effectively.

Key takeaways

  • There has been a challenge to the rule of practice regarding the use of direct speech in affidavits and the use of the phrase "words the following effect".
  • Conflicting recent decisions have created potential confusion regarding this practice.
  • At this stage use of the this phrase is probably acceptable, but should be implemented with thought and care.

Alexander Kuklik, Barrister, Third Floor Wentworth Chambers

About the Presenter:

Mr Alexander Kuklik was admitted to the bar in 2006 after practising as a solicitor in private practice and with the corporate regulator, Alex has established a broad practice in commercial and equity law. He specialises in trusts and succession, commercial and property disputes and company and financial services law. His clients include private businesses and government regulators, as well as individuals. In addition to advocacy work, Alex’s practice also includes advisory work for both private and government clients. Alex appears in the High Court of Australia, the Supreme Court of NSW (including the Court of Appeal), the Federal Court of Australia, the District Court of NSW, the Local Court of NSW and tribunals. Alex has also appeared in the Supreme Courts of Victoria and the ACT. Alex lectures and tutors at the University of Sydney in a range of subjects including, evidence law, contract law, tort law, criminal law, private international law, civil and criminal procedure. Alex is also a lecturer and examiner for the NSW Legal Profession Admission Board and has presented seminars on a broad range of legal topics.

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About the Presenter:

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About the Presenter:

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About the Presenter: