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Common Law Affidavit for Australia

Common Law Affidavit Template for Australia

An Affidavit is a formal written statement of facts, sworn under oath or affirmed before an authorized witness under Australian law. It serves as sworn testimony that can be used as evidence in legal proceedings across various Australian jurisdictions, both state and federal. The document must comply with specific court rules and evidence legislation, requiring proper execution before qualified witnesses such as lawyers, justices of the peace, or other authorized persons. The content must be presented in numbered paragraphs, may include exhibits, and must conclude with a formal jurat stating when and where the affidavit was sworn.

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Common Law Affidavit

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What is a Common Law Affidavit?

A Common Law Affidavit is a fundamental legal document used extensively throughout the Australian legal system. It serves as a written statement of facts or evidence, sworn under oath or affirmed, that can be used in various legal contexts including court proceedings, administrative matters, and regulatory compliance. The document is particularly important when formal evidence is required to support legal applications, verify facts, or provide testimony. The affidavit must be prepared in accordance with Australian federal and state court rules, including proper formatting, numbering of paragraphs, and execution before authorized witnesses. It can include both direct evidence and documentary exhibits, making it a versatile tool in legal proceedings. The document's admissibility and effectiveness depend on strict compliance with procedural requirements and evidence laws applicable in Australian jurisdictions.

What sections should be included in a Common Law Affidavit?

1. Title and Court Details: Identifies the court, matter number if applicable, and parties involved in the legal proceeding

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

3. Body of Evidence: Numbered paragraphs containing the facts and evidence being sworn to, presented in chronological or logical order

4. Statement of Truth: Standard declaration that the contents are true and correct to the best of the deponent's knowledge and belief

5. Jurat: Details of when and where the affidavit was sworn/affirmed, including the name and qualification of the authorized witness

What sections are optional to include in a Common Law Affidavit?

1. Grounds: Used when the affidavit supports a specific application or motion, listing the legal grounds relied upon

2. Exhibit Reference List: A list of all exhibits attached to the affidavit, required when documents are being annexed

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

4. Source of Knowledge: Required when statements are made based on information and belief rather than direct knowledge

What schedules should be included in a Common Law Affidavit?

1. Exhibit Certificates: Formal certificates marking and authenticating each document attached to the affidavit

2. Document Index: Detailed index of all attached documents when multiple exhibits are included

3. Annexures: Supporting documents referenced in the affidavit, marked with appropriate identifying letters or numbers

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

Real Estate

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Relevant Roles

Lawyer

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Paralegal

Company Secretary

Compliance Officer

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