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One And The Same Affidavit for Australia

One And The Same Affidavit Template for Australia

A One and the Same Affidavit is a formal legal document used in Australian jurisdictions to officially declare and verify that a person known by different names is legally the same individual. This document serves as a sworn statement, made under oath or affirmation, that must be witnessed by an authorized person such as a Justice of the Peace, legal practitioner, or notary public. The affidavit includes detailed information about all names used by the individual, explanations for name variations, and is typically supported by documentary evidence attached as schedules.

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What is a One And The Same Affidavit?

A One and the Same Affidavit is a crucial legal document used in Australian jurisdictions when an individual needs to formally establish that they are known by multiple names or variations of their name. This document becomes necessary in various situations, such as property transactions, legal proceedings, financial applications, or immigration matters, where discrepancies in name documentation need to be resolved. The affidavit typically includes the deponent's current legal name, all other names used, explanations for name variations, and supporting evidence. It must be sworn or affirmed before an authorized witness and comply with relevant state or territory legislation regarding affidavits and statutory declarations. This document serves as official evidence linking different names to the same person, helping prevent confusion and potential legal issues arising from name variations.

What sections should be included in a One And The Same Affidavit?

1. Title and Jurisdiction: Specifies the document type and jurisdiction (Australian state/territory)

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

3. Oath/Affirmation Statement: Standard oath or affirmation statement as required by Australian law

4. Current Name Declaration: Statement of current legal name and how it is used

5. Previous Names List: Comprehensive list of all other names by which the deponent has been known

6. Explanation of Name Variations: Detailed explanation of why/how different names have been used

7. Purpose Statement: Specific purpose for which the affidavit is being made

8. Truth Declaration: Standard declaration of the truth of the statements made

9. Execution Block: Signature section for deponent and qualified witness, including date and location

What sections are optional to include in a One And The Same Affidavit?

1. Marriage Details: Section detailing marriage-related name changes, used when name changes are due to marriage

2. Formal Name Change: Details of official name change registration, used when there has been a formal deed poll or registered name change

3. Immigration Details: Information about immigration documents and name variations, used when name differences appear on immigration documents

4. Cultural Name Variations: Explanation of cultural naming conventions, used when name variations are due to cultural practices

5. Professional/Business Use: Details of names used professionally or in business, used when different names appear on business documents

What schedules should be included in a One And The Same Affidavit?

1. Schedule A - Identity Documents: Copies of primary identity documents (passport, driver's license, birth certificate)

2. Schedule B - Name Change Evidence: Documents evidencing name changes (marriage certificate, change of name certificate)

3. Schedule C - Historical Documents: Historical documents showing use of different names (academic records, employment documents)

4. Schedule D - Supporting Declarations: Any statutory declarations from third parties confirming knowledge of name variations

5. Schedule E - Document List: Comprehensive list of all documents attached as evidence

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

Financial Services

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Immigration Officer

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