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General Affidavit Form for Australia

General Affidavit Form Template for Australia

A General Affidavit Form is a formal legal document used in Australian jurisdictions, both at federal and state levels, where a person (the deponent) makes sworn statements or declarations under oath or affirmation. The document must be witnessed by an authorized person such as a Justice of the Peace, lawyer, or notary public. It serves as sworn evidence in legal proceedings and can be used in various contexts, from court proceedings to administrative matters. The document must comply with relevant Australian legislation, including the Evidence Act 1995 and state-specific Oaths Acts, and requires strict adherence to formal requirements regarding its preparation and execution.

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What is a General Affidavit Form?

The General Affidavit Form is a fundamental legal document used throughout Australia's legal system at both federal and state levels. It is employed when formal sworn statements are required as evidence or for official purposes. The document can be used in court proceedings, administrative hearings, property transactions, or any situation requiring formally sworn statements. The affidavit must be prepared according to strict legal requirements, including proper identification of the deponent, clear and numbered statements of fact, and proper execution before an authorized witness. The document's validity depends on compliance with relevant legislation such as the Evidence Act 1995, state-specific Oaths Acts, and court rules. It can be used in civil proceedings, family law matters, commercial disputes, property transactions, and various other legal contexts where sworn evidence is required.

What sections should be included in a General Affidavit Form?

1. Title and Court Details: Specifies the court, registry, case number (if applicable), and matter reference

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

3. Statements/Facts: Numbered paragraphs containing the sworn or affirmed statements of fact

4. Oath/Affirmation: Declaration whether the deponent is swearing or affirming the statements

5. Jurat: Place, date, and authorized witness details where the affidavit was sworn/affirmed

6. Signature Block: Signature spaces for both the deponent and the authorized witness

What sections are optional to include in a General Affidavit Form?

1. Interpreter Certificate: Required when the deponent needs an interpreter to understand and make the affidavit

2. Exhibit Reference List: List of all exhibits attached to the affidavit, used when there are supporting documents

3. Illiterate/Blind Person Certificate: Required when the deponent is unable to read or is visually impaired

4. Multiple Deponents Section: Used when more than one person is making the affidavit jointly

5. Amendment Section: Used when the affidavit needs to be amended after initial drafting

What schedules should be included in a General Affidavit Form?

1. Exhibit Certificates: Certificates marking and authenticating each exhibit attached to the affidavit

2. Document Index: Detailed list of all documents referenced in the affidavit with their dates and descriptions

3. Chronology: Timeline of events mentioned in the affidavit, if relevant to the matter

4. Supporting Documents: Copies of relevant documents referenced in the affidavit, each marked as an exhibit

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

Real Estate

Healthcare

Education

Construction

Insurance

Banking

Professional Services

Manufacturing

Retail

Transportation

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Relevant Teams

Legal

Compliance

Risk Management

Human Resources

Corporate Secretariat

Administration

Operations

Property Management

Contract Management

Dispute Resolution

Relevant Roles

Lawyer

Paralegal

Legal Secretary

Court Clerk

Justice of the Peace

Notary Public

Commissioner for Declarations

Legal Assistant

Compliance Officer

Risk Manager

Human Resources Manager

Company Secretary

Property Manager

Contract Administrator

Business Administrator

Claims Officer

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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