Best Affidavits & Statutory Declarations Lawyers in Australia

1. About Affidavits & Statutory Declarations Law in Australia

An affidavit is a written statement of fact sworn to be true in the presence of an authorised witness. In Australia, affidavits are typically used as evidence in court proceedings or in other formal matters. They carry the weight of sworn testimony and must accurately reflect the witness's knowledge at the time of signing.

A statutory declaration is a written statement made and declared to be true, but it does not involve an oath. It is a formal declaration used for non-court purposes and must be witnessed by someone authorised to witness declarations. Both documents require careful drafting to avoid misleading or inaccurate statements.

The key national framework is the Statutory Declarations Act 1959 (Commonwealth), which sets out who may witness declarations and the formal requirements for making a statutory declaration. Jurisdictional variations exist in each state and territory, so local rules may differ on who can witness and how declarations are administered.

The Statutory Declarations Act 1959 provides the framework for making and witnessing statutory declarations in Australia, including who may witness and the form of the declaration.

When preparing any affidavit or statutory declaration, you should ensure the information is true to the best of your knowledge, and that you understand the purpose for which the document will be used. The formal process helps safeguard against fraudulent statements and ensures the document is admissible for its intended purpose. For precise rules on witnessing and form, refer to your state or territory provisions and official guidance.

Affidavits and statutory declarations must be witnessed by a person authorised to do so, such as a Justice of the Peace, a Commissioner for Declarations, or a legal practitioner in many jurisdictions. This is essential for the document to be considered valid.

2. Why You May Need a Lawyer

Prepare an affidavit for a family law matter. In Australian family court proceedings, affidavits are commonly used to present evidence about parenting arrangements, finances, or historic events. A lawyer can help you present a coherent, truthful narrative and avoid statements that could backfire in court.

Ensure a statutory declaration is properly drafted for migration or visa purposes. The Department of Home Affairs and related agencies often require declarations about identity, relationships, or character. A lawyer can help you avoid ambiguity and ensure compliance with the relevant authorities.

Prepare documents for probate or estate administration. An executor or administrator may need affidavits to establish the validity of a will, attest to service of documents, or verify asset ownership. A lawyer ensures the declarations meet court and regulatory expectations.

Address civil or administrative claims that require sworn or declared statements. For example, affidavits may be used in civil disputes, tenancy matters, or government applications. A legal professional can help you structure facts clearly and avoid unnecessary admissions or risks.

Respond to government agency requests for declarations. Centrelink, for instance, may require statutory declarations for income, relationship status, or eligibility questions. A lawyer can assess whether a declaration is appropriate and how to document supporting evidence.

Navigate complex procedural environments. If multiple jurisdictions are involved (for example, a cross-border matter), a lawyer can coordinate the witnessing, filing, and service requirements across states to avoid delays or invalid declarations.

3. Local Laws Overview

The key federal framework is the Statutory Declarations Act 1959, which governs how declarations are made and witnessed and sets out the formal requirements for statutory declarations. It is essential for anyone using statutory declarations in Australia to understand who may witness and how declarations must be signed.

The Statutory Declarations Act 1959 provides the framework for making and witnessing statutory declarations in Australia, including who may witness and the form of the declaration.

In addition to the Commonwealth act, the admissibility and treatment of affidavits and declarations in court are shaped by the Uniform Evidence Acts adopted across many jurisdictions, including the Commonwealth. These acts govern how declarations can be used as evidence and how witnesses establish credibility.

Uniform Evidence Acts standardise rules for the admissibility of evidence, including affidavits, across multiple jurisdictions.

State and territory rules vary on who may witness, how declarations are sworn, and the exact forms required. Common witnesses include Justices of the Peace, Commissioners for Declarations, and legally trained professionals in certain circumstances. It is essential to check your local laws before preparing or submitting any affidavit or statutory declaration.

Witnessing and declaration requirements vary by jurisdiction; check your state or territory authority for precise rules.

Recent trends include temporary measures during public health emergencies allowing remote witnessing in some jurisdictions. Always verify current practice with your local court or legal practitioner as rules can change. For up-to-date guidance, consult your state justice department or a legal professional.

During public health emergencies, some jurisdictions permitted remote witnessing of statutory declarations; confirm current rules in your area.

4. Frequently Asked Questions

What is the difference between an affidavit and a statutory declaration?

An affidavit is a sworn statement of fact used as evidence in court. A statutory declaration is a written statement declared to be true without an oath, used for non-court purposes. Both require a properly authorised witness.

How do I start an affidavit for a court matter in Australia?

Begin by identifying the factual statements you will attest to, then draft a clear narrative. Have the draft reviewed by a lawyer before presenting it to a witness for signing and swearing. Ensure you include dates and relevant exhibits.

Where can I have an affidavit sworn or a statutory declaration witnessed?

You can use a Justice of the Peace, a Commissioner for Declarations, or a legal practitioner as witnesses. The exact eligible witnesses depend on your state or territory rules. Always confirm who can witness in your jurisdiction.

How much does it cost to obtain an affidavit or statutory declaration?

Costs vary by location and witness type. Some witnesses, such as JPs, may witness for free, while legal practitioners may charge a fee for drafting or advising. Always obtain a clear written quote before proceeding.

Do I need a lawyer to prepare an affidavit or statutory declaration?

While you can draft an affidavit yourself, a lawyer helps ensure accuracy, compliance with local rules, and reduces the risk of inconsistencies. A lawyer can also tailor the document for your specific purpose and jurisdiction.

How long does it take to complete an affidavit or statutory declaration?

Drafting can take a few hours to a day, depending on complexity. Witnessing and signing can often occur the same day, but filing with a court or agency may add days to weeks depending on processing times.

Can a statutory declaration be used as evidence in court?

Yes, statutory declarations and affidavits can be used as evidence in court proceedings; their weight depends on the content and the court's assessment. Courts scrutinise the accuracy and reliability of the statements.

What documents should I attach to an affidavit or declaration?

Attach any supporting documents, such as contracts, notices, or official records referenced in the statement. Ensure copies are clear and properly marked as exhibits. Do not attach unrelated or extraneous items.

Is a notary required for affidavits in Australia?

No, notary services are not typically required for affidavits in Australia. Witnessing by a JP, Commissioner for Declarations, or a lawyer is usually sufficient. Notaries are uncommon in routine Australian practice.

Do I need to date my affidavit or declaration?

Yes, include the signing date and the place where the document was sworn or witnessed. Dating helps establish the timeline of events and the document’s validity for its purpose.

What is the difference in use between an affidavit and a statutory declaration in migration matters?

Affidavits are often used as evidence in court, including civil or family matters, while statutory declarations may be used to confirm facts for visa and immigration processes. Always verify the specific requirements for the relevant migration program.

Can I make a statutory declaration online or remotely?

Some jurisdictions allowed remote witnessing during emergencies, but in many cases in-person witnessing remains the norm. Check current state rules and the agency's requirements before proceeding.

5. Additional Resources

• Statutory Declarations Act 1959 (Commonwealth) - Official framework for making and witnessing statutory declarations. legislation.gov.au
• Uniform Evidence Acts - Governs admissibility of evidence, including affidavits and declarations, across several jurisdictions. legislation.gov.au
• Victoria Department of Justice and Community Safety - Guidance on oaths, affirmations and declarations for residents going to court. justice.vic.gov.au
• New South Wales Department of Communities and Justice - Resources on affidavits and statutory declarations (for residents of NSW). justice.nsw.gov.au

6. Next Steps

1. Clarify the purpose of your affidavit or statutory declaration (court, migration, government agency). Time estimate: 1 day.
2. Gather all relevant documents, dates, and names to be included as factual statements. Time estimate: 2-5 days depending on complexity.
3. Identify a suitable legal professional or witness in your jurisdiction (JP, Commissioner for Declarations, or solicitor). Time estimate: 0-3 days with referrals.
4. Draft the document with a lawyer’s review to ensure accuracy and compliance with local rules. Time estimate: 3-10 days.
5. Arrange witnessing or swearing with an authorised person; confirm in-person or remote rules for your location. Time estimate: same day to 2 days.
6. Have the document signed, witnessed, and dated; obtain copies for your records and for submission. Time estimate: 1 day.
7. Submit or lodge the affidavit or statutory declaration with the appropriate court, agency, or authority; track processing times. Time estimate: varies - typically days to weeks.