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Affidavit Letter for Australia

Affidavit Letter Template for Australia

An affidavit is a formal written statement of facts made under oath or affirmation, governed by Australian federal and state legislation. It serves as sworn testimony in legal proceedings and can be used in various contexts, from court proceedings to administrative matters. The document must comply with specific Australian legal requirements, including proper witnessing by authorized persons such as lawyers, justices of the peace, or notaries public. The content must be presented in numbered paragraphs, may include exhibits, and must conclude with a formal jurat containing the details of when and where the affidavit was sworn or affirmed.

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What is a Affidavit Letter?

The Affidavit Letter is a crucial legal document in the Australian legal system, used to present sworn written testimony that can be relied upon in court proceedings or other official matters. It is governed by various Australian federal and state laws, including the Evidence Act 1995 and relevant state legislation. This document type is employed when formal, sworn statements are required, such as in court proceedings, administrative hearings, or official investigations. The affidavit must be sworn or affirmed before an authorized witness and may include supporting documents as exhibits. It serves as a permanent record of evidence and carries serious legal consequences for false statements. The format and execution requirements are strictly regulated to ensure admissibility in legal proceedings.

What sections should be included in a Affidavit Letter?

1. Title and Court Details: Specifies the court, matter number, and parties involved

2. Deponent Details: Full legal name, occupation, and address of the person making the affidavit

3. Oath/Affirmation Statement: Formal statement indicating whether the deponent is swearing an oath or making an affirmation

4. Body of Evidence: Numbered paragraphs containing the factual evidence, with each paragraph limited to one fact or topic

5. Jurat: Formal closing section stating when and where the affidavit was sworn/affirmed, including witness details

6. Signature Block: Space for signatures of both the deponent and the authorized witness

What sections are optional to include in a Affidavit Letter?

1. Exhibits Reference List: List of all documents referenced in the affidavit, used when the affidavit refers to supporting documents

2. Interpreter Declaration: Required when the deponent needs an interpreter to understand and make the affidavit

3. Source of Knowledge Statement: Statement explaining how the deponent knows the facts stated, used when this isn't clear from the context

4. Confidentiality Declaration: Required when the affidavit contains sensitive or confidential information that should be sealed

5. Certificate of Service: Required when the affidavit needs to be served on other parties

What schedules should be included in a Affidavit Letter?

1. Exhibit Certificates: Formal certificates marking and identifying each exhibit attached to the affidavit

2. Referenced Documents: Copies of documents referred to in the affidavit, each marked as an exhibit

3. Photographic Evidence: Any photographs referenced in the affidavit, properly marked and certified

4. Supporting Calculations: Any detailed calculations or financial information referenced in the affidavit

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses
















Relevant Industries

Legal Services

Financial Services

Government and Public Sector

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Relevant Teams

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Corporate Governance

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Corporate Secretariat

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Relevant Roles

Legal Counsel

Paralegal

Company Secretary

Compliance Officer

Risk Manager

Human Resources Manager

Claims Manager

Contract Administrator

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Court Officer

Legal Administrative Assistant

Corporate Governance Officer

Litigation Support Specialist

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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