Affidavits and statutory declarations

An affidavit is a written form of evidence used in court. An affidavit sets out the facts as you remember them. In some legal matters, the evidence you want the court to hear must be in an affidavit (e.g. family law matters). 

When to get legal advice

Get legal advice if you are not sure what can be included in your affidavit or statutory declaration for it to be admissible in court.

How to get legal advice

Is there a special way I should write my affidavit?

When you write an affidavit, you should set it out in numbered paragraphs. You can also use headings.

Interim proceedings in the Federal Circuit Court

For interim proceedings in the Federal Circuit Court, affidavits must not:

  • be more than 10 pages long
  • have more than 5 annexures.

Signing and witnessing your affidavit

You must sign your affidavit in front of one of the below:

  • a Justice of the Peace (JP)
  • Commissioner for Declarations (CDec)
  • a lawyer.

While in front of your witness, you must sign where it says 'the deponent'. The witness will then sign their name and give details of their position.

Find a JP or CDec

What is the difference between having the document sworn or affirmed? 

Both mean that you are promising that the affidavit is the truth. 

‘Sworn’ means you hold a bible or other religious text while promising that the affidavit is true. 

An ‘affirmation’ just means that you are affirming that the document is true, without holding a religious text – for when you are not religious, or making a ‘sworn’ document is against your beliefs.

What is a statutory declaration?

A statutory declaration is a statement of fact that you believe to be true.

You must sign a statutory declaration in front of a qualified witness such as a Justice of the Peace, Commissioner for Declarations or a lawyer.

You can do this online or in person.

Statutory declaration form

How to get legal advice

We cannot prepare, sign or witness any documents.

We may provide legal advice about what can be included in affidavits and statutory declarations.

Other places to get legal advice:

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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