Section 98 — Family Law Act 1975 (Cth)

Evidence by affidavit

The applicable Rules of Court may provide for evidence of any material matter to be given on affidavit at the hearing of:

(a) divorce or validity of marriage proceedings that are undefended at the time of hearing; and

(b) proceedings other than divorce or validity of marriage proceedings.

Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 95 — Overarching purpose of the family law practice and procedure provisions
s 96 — Duty to act consistently with the overarching purpose
s 97 — Procedure
s 98A — Proceedings in absence of parties
s 100 — Evidence of husbands, wives or spouses
s 100B — Children swearing affidavits, being called as witnesses or being present in court

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