The way affidavits and exhibits are prepared and filed in the Supreme Court’s Common Law Division and Commercial Court is changing.

From 1 October 2021 the Court will no longer accept affidavits for filing that include multiple exhibits, or which separate the affidavit and any exhibit. Affidavits must be in a single fully text-searchable PDF format file including any bundle exhibit.

Affidavits must be filed as a single, searchable PDF document, with all pages consecutively numbered. This includes the pages of any exhibit – see Exhibits to affidavits and Filing and service of affidavits in the By Lawyers Supreme Court (VIC) commentaries for more information.

There may only be one exhibit to an affidavit, except for confidential affidavits.

Where more than one document is exhibited to an affidavit, the documents must be combined into a single ‘bundle exhibit’, ordered in the sequence they are referred to in the affidavit. The exhibit must be part of the affidavit, in a single fully text-searchable PDF format file, with legible page numbers at the bottom right-hand corner of each page that correspond with the digital display page numbers of the PDF, that commence from the first page of the affidavit to the last page of the bundle exhibit.

See Affidavits and exhibits in the By Lawyers Supreme Court (VIC) publication for more information.

In a separate but related change to procedure, from 1 October 2021 all evidentiary documents filed in proceedings in the Common Law Division and Commercial Court may not be inspected by any non-party until the document has been read or relied upon in open court. This applies to affidavits, exhibits, witness statements, expert reports, written submissions, outlines of argument and chronologies.

See Practice Note SC Gen 20 Inspection of Civil Court Files by Non-Parties and Notice to the Profession (Changes to File Inspections and Affidavits) for more information.