Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
An affidavit ( (listen) AF-i-DAY-vit; Medieval Latin for he has declared under oath) is a written statement of fact voluntarily made by an affiant or deponent under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or in other words, it contains a verification, which means that it is made under oath or penalty of perjury, and this serves as evidence for its veracity and is required in court proceedings.
Affidavits may be written in the first or third person, depending on who drafted the document. The document's component parts are typically as follows:

a commencement which identifies the "affiant of truth", generally stating that everything in it is true, under penalty of perjury, fine, or imprisonment;
an attestation clause, usually a jurat, at the end certifying that the affiant made oath and the date;
signatures of the author and witness.If an affidavit is notarized or authenticated, it will also include a caption with a venue and title in reference to judicial proceedings. In some cases, an introductory clause, called a preamble, is added attesting that the affiant personally appeared before the authenticating authority.

View More On
  1. M

    WA Total confusion with late Response to Initiating Application and supporting Affidavit

    I applied for Final Custody for my son in December 2020 after Mother surrendered him to me Feb 2020. What I didn't know was that she had filed a Recovery Order in late February 2020 that the Magistrate threw out because she surrendered him. Initial hearing was March 2021 and I was granted...
  2. F

    NSW Affidavit and other court paperwork

    How far out from the court date can affidavit, interim orders, a notice of risk, final orders etc be submitted to the court? Would this affect the outcome at court that the paperwork has been left until the last minute?
  3. J

    NSW Affidavit of accused

    If you are accused and provide an affidavit in a criminal matter before ot goes to court, does that open you up to having to take the stand regarding affidavit or can you still retain your right to silence and not take the stand. Relevant section of law would be good too if it is known. I.e...
  4. B

    Does every page of an affidavit need to be "sealed"?

    Hi, I've lodged my affidavit via efiling, however the annexures were emailed in seperately due to size (as was directed by the courts). I can now view my entire affidavit as one file on the portal, but only the actual affidavit statement is sealed - not the annexures. Is this right? Or should...
  5. B

    Do I attach the annexures/supporting evidence to affidavit initiating application?

    Hi, I've finalized my affidavit for an initiating application and I have a number of attachments/Annexures as supporting documents referred to in this (which are screenshots of text messages, photographs etc). Do I attached these and lodge these as one file with the affidavit? Also, do all...
  6. L

    QLD affidavit supporting probate application form 105.

    On the Death Certificate for "the cause of death" it is written "progressive severe dementia", but the Will was made 9 years previous when the deceased had full capacity and was without issue, and was signed in front of two JP's at the courthouse. My question is:- On form 105 can I delete clause...
  7. L

    QLD affidavit supporting probate application form 105

    in clause 5 can i completly delete the clause as it does not apply to me as i am the deceased daughter, plus in clause 4 there i s no evidence suggesting lack of testamentery capacity so do i answer clause 4 ? thankyou
  8. F

    NSW Accessing a affidavit filed at the family court NSW

    My ex partner has been embroiled in a custody and property dispute with her ex partner at the family court NSW for just under 2 years . I was recently informed from a friend of my ex that in a recent affidavit that my ex submitted she has made all sorts of false allegations against me from...
  9. sunnyDay

    NSW Webpage as Evidence in Affidavit

    Hi, I am writing an Affidavit for a Tribunal hearing. I am self represented. I am using information from web pages, mostly from the Australian Government, to prove that the facts I rely on are true. What is the correct way to reference a webpage? Currently, I am putting the URL in the...
  10. M

    SA False statements made in Affidavit in AVO

    Hi folks, I have been served with an AVO and upon receiving the evidence against me, like I thought, there was a heap of blatantly false statements made, of which I can prove that are so. Is this enough to fight an AVO?