Welcome to the Evidence Act 2008


This blog was started back when the Evidence Act 2008 was nothing more than a gleam in Parliament's eye. It was an attempt to further understanding of some challenging new legislation when information about it was difficult to find.

Since then, many authors and luminaries have turned their minds to the complex issues the Act obliges Victorian lawyers to engage with. A blog devoted exclusively to this one piece of legislation isn't necessary, and is impossible for us to give the attention it deserves.

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2009-07-05

24. Requirements for oaths

24. Requirements for oaths

(1) It is not necessary that a religious text be used in taking an oath.

(2) An oath is effective for the purposes of this Division even if the person who took it-

(a) did not have a religious belief or did not have a religious belief of a particular kind; or

(b) did not understand the nature and consequences of the oath.


The Evidence Act 1995 (NSW) contains an additional section not present in the Victorian Act, s 24A:

24A Alternative oath

(1) A person may take an oath even if the person’s religious or spiritual beliefs do not include a belief in the existence of a god.

(2) Despite anything to the contrary in this Act, the form of oath taken by a person:

(a) need not include a reference to a god, and

(b) may instead refer to the basis of the person’s beliefs in accordance with a form prescribed by the regulations.

Note. The Commonwealth Act does not include an equivalent provision to section 24A.

The interplay of this section in the swearing of an affidavit was considered in Micar Group Pty Ltd v Insul-Trade LLC [2010] NSWSC 1391. White J held that non-compliance with the Evidence Act did not render an oath in relation to an affidavit invalid, as s 8 provides that the UEA does not affect the operation of other Acts (which validated the affidavit).

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