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. Rose N Silk

    QLD Defamation in an affidavit (QCAT matter dismissed) what action can be taken?

    A friend was recently involved in a residential matter that went to QCAT. A few days before the QCAT hearing they received copy of an affidavit full of half truths, lies and challenging allegations that were base and demeaning and could hurt their work prospects in the future. The writer of...
  2. J

    QLD Fraudlent Affidavit over court case to recover debt

    Hello, I have a slightly odd case that I am needing some help with. I enrolled my boys into a private school, at the time I was using the boys child support to cover the school fees. The boys father then stopped paying child support and I fell behind in school fees. I was offered by the school...
  3. DaniDee

    QLD Pleadings

    Current situation Statement of claim Defence & Counterclaim NNPD's Plaintiff files affidavits Defendant files affidavits Defendant requests amending defence & counter claim - court approves Seeking clarification: I am currently amending my defence and counterclaim, am I able to utilise content...
  4. J

    VIC Valid / legal affidavit?

    Is an affidavit without a signature of an authorised witness still a legal document? And can it be relied at the hearing?
  5. J

    WA When does an Affidavit need to be lodged with a court?

    If I serve an affidavit on a person is there an obligation to also lodge it with a court? My reason would be that if I may be satisfied with the response.
  6. J

    NSW Affidavit lying

    I’ve had an interesting encounter today. And just a wtf moment.. So last year my ex broke into my home one morning whilst he was highly intoxicated, breaching a very strict ADVO I had in place after he threatened my life. The morning he broke in, I had woke up to him climbing into my bed...
  7. 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...
  8. 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?
  9. 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...
  10. 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...