The Affidavit Of Discrepancy One And The Same Person is a crucial legal instrument in the Australian legal system, designed to address and resolve situations where an individual's name appears differently on various official documents. This discrepancy might arise from marriage, divorce, cultural naming conventions, spelling errors, or inconsistent transliteration of names from other alphabets. The document is commonly required when dealing with property transactions, immigration matters, financial institutions, or government agencies where precise identity verification is essential. It must be executed in accordance with Australian state and federal requirements for affidavits, including proper witnessing by authorized persons. The affidavit serves as a binding legal declaration that establishes the connection between different name variations, thereby preventing potential legal or administrative complications.
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1. Title and Jurisdiction: Specifies the document type and jurisdiction where the affidavit is being made
2. Declarant Information: Full legal name, current address, and occupation of the person making the affidavit
3. Purpose Statement: Clear statement that the affidavit is to declare that different names refer to one and the same person
4. Details of Name Variations: List and explanation of all name variations that appear in official documents
5. Explanation of Discrepancy: Detailed explanation of how and why the name discrepancy occurred
6. Supporting Documents Reference: List of all documents being submitted as evidence of the name variations
7. Declaration of Truth: Formal statement affirming that all information provided is true and correct
8. Execution Block: Space for signature, date, and witness details
1. Historical Background: Additional context about name changes or variations, used when the discrepancy involves complex historical or cultural factors
2. Previous Legal Actions: Information about any previous attempts to resolve the name discrepancy, included if relevant
3. Third Party Declarations: Statements from family members or long-term acquaintances confirming the person's identity, used in cases where documentary evidence is limited
4. Translation Certificate: Required when documents in foreign languages are referenced or attached
1. Schedule A - Identity Documents: Copies of all official identity documents showing the name variations (passport, driver's license, birth certificate, etc.)
2. Schedule B - Supporting Documents: Additional documentation that helps establish the connection between different names (marriage certificates, divorce decrees, name change certificates, etc.)
3. Schedule C - Photographic Evidence: If relevant, photographs or other visual evidence showing the person is the same individual
4. Appendix 1 - Witness Statements: Written statements from witnesses who can verify the person's identity, if included
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