Pleadings and Affidavits
Presenters : Lisa Thomas
Overview
Successful litigation relies heavily on the precision and quality of pleadings and affidavits. These documents form the foundation upon which disputes are narrowed, issues are defined, and fair hearings are conducted. Poorly drafted pleadings can cause significant prejudice to proceedings, delay justice, and affect outcomes. This webinar provides an in-depth look at the principles, procedures, and practical techniques required to draft effective pleadings and affidavits that comply with court rules and support strong litigation strategy.
Join Lisa Thomas, as she explores how to refine drafting skills, avoid common procedural pitfalls, and ensure your legal documents meet the highest professional and procedural standards.
Learning objectives
Attending this webinar will equip you with the following skills:
• Understand the role of pleadings and affidavits in narrowing disputes and defining issues for trial.
• Identify and avoid common drafting errors that may cause prejudice or procedural defects.
• Apply the relevant legal principles and remedies available under the Uniform Rules of Court.
• Utilise practical checklists to ensure procedural accuracy and compliance.
• Develop clear, concise, and compliant documents that enhance the efficiency of litigation.
Content
The webinar will cover the following topics:
-
Narrowing Issues for Litigation/Hearing (Including the Role of the Pre-Trial Minute)
o Understanding the purpose of pleadings in narrowing disputes
o The importance of precision and clarity in framing issues for hearing
o Role and drafting of the pre-trial minute under court rules
o Practical examples of how pre-trial minutes streamline litigation -
Prejudice Caused to the Trial by Missing or Inadequately Drafted Pleadings/Affidavits
o Common drafting errors and their consequences
o Legal principles governing prejudice in civil proceedings
o Case examples of defective pleadings impacting trial outcomes
o Techniques to ensure completeness and compliance in pleadings -
Remedies for Incorrect Civil Procedure and Defective Documents
o Identifying procedural irregularities under the Uniform Rules of Court
o Applications for amendment or condonation
o Striking out and exception procedures
o Cost implications and judicial discretion -
Supplementary Resource: Checklist to Examine Pleadings and Affidavits
o Key checklist items for form, substance, and procedural compliance
o Ensuring alignment with applicable rules and practice directives
o Using checklists for drafting accuracy and peer review