Witness statements and position statements: using the right document for the right purpose

A witness statement is a written account of the evidence a person would otherwise give orally.

It should:

• identify the person making the statement;
• explain their connection to the proceedings;
• deal with the issues identified by the court;
• distinguish personal knowledge from information received from others;
• set events out clearly and logically;
• identify supporting documents where relevant; and
• include the required statement of truth.

A witness statement should provide evidence rather than lengthy legal argument.

A witness statement must contain the current statement-of-truth wording required by the Family Procedure Rules.

The person making the statement must read and approve it personally before signing.

Signing confirms an honest belief that the facts stated are true. Contempt-of-court proceedings may be brought against a person who makes, or causes to be made, a false statement without an honest belief in its truth.

Price Family Law must never sign a client’s statement of truth.

A clear witness statement will commonly include:

• the court and case details;
• the witness’s name and role;
• the purpose of the statement;
• relevant background;
• events arranged by issue or chronology;
• the effect on any child or party;
• responses to the disputed issues;
• reference to supporting evidence;
• the outcome or order sought, where relevant; and
• the signed statement of truth.

Unless the court directs otherwise, witness statements included in a family-court bundle should not normally exceed 25 pages, excluding permitted exhibits.

The court’s particular order must always be checked because it may impose a different format, length or deadline.

A position statement is a concise document prepared for a particular hearing. It tells the court:

• what the hearing concerns;
• the party’s current position;
• which issues remain disputed;
• what has happened since the previous hearing;
• whether earlier directions have been complied with; and
• what orders or directions are requested.

It is not normally evidence and should not be used to introduce new factual allegations.

In proceedings other than financial remedy proceedings, the current general limit is three pages unless the court directs otherwise because the case is complex.

A position statement should:

• use numbered paragraphs;
• remain concise and hearing-specific;
• identify and confine the issues for that hearing;
• cross-reference relevant bundle pages;
• avoid extensive quotations;
• contain no exhibits;
• avoid introducing new evidence;
• set out the directions or orders requested; and
• be prepared afresh for each hearing.

A previous position statement should not simply be reused with an additional update section.

Different page limits apply in financial remedy proceedings depending on the type of hearing, so the current rules and court order must be checked.

• using a position statement to introduce new evidence;
• filling a witness statement with submissions or legal argument;
• failing to address the issues identified in the court order;
• including irrelevant relationship history;
• using inflammatory language;
• presenting assumptions as facts;
• failing to identify the source of second-hand information;
• referring to evidence that is not available;
• attaching excessive exhibits;
• exceeding a page limit without permission;
• using an outdated statement of truth; and
• missing the filing or service deadline.

Price Family Law can provide support with:

• identifying the purpose of the document;
• reviewing the court’s directions;
• structuring the client’s factual account;
• separating evidence from argument;
• preparing a clear chronology;
• identifying relevant supporting documents;
• drafting or reviewing a witness statement from the client’s instructions;
• preparing a focused position statement;
• cross-referencing the court bundle;
• checking page limits and formatting; and
• preparing the client to use the document at the hearing.

The client remains responsible for confirming the facts, approving the final wording, signing any statement of truth, and filing and serving the document.

Witness-statement and position-statement preparation is available as a One-Off Fixed Fee Service and may also be included within Complete Case Support where expressly stated.

The fee is confirmed after reviewing:

• the court order;
• the purpose and deadline;
• the number of issues;
• the amount of relevant material;
• whether exhibits or bundle cross-references are required; and
• the agreed scope of work.

Documents are reviewed once the scope has been agreed and payment has been received.