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ACT Statutory Declaration Valid?

Discussion in 'Other/General Law Forum' started by Lurkette, 13 June 2016.

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  1. Lurkette

    Lurkette Member

    5 June 2016
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    Please excuse my bad English writing.

    I'm in a situation where I needed someone to write a statutory declaration to explain my many years of bad behaviour. That someone lied over and over. Not just a little lie, but he lied till I became confused. He did fraud and mental cruelty with his lies. He is like a con artist.

    He agreed to write a statutory declaration because he needed something even bigger than to admit his lies.

    There are rules for to make a document legal valid. A statutory declaration needs to be in a proper style with a signature and the witness person in a special list. I found an empty statutory declaration on the internet and I found a JP lady at the police station to sign the declaration and I told the man about both.

    The man then wrote a first draft. He wrote fifteen pages, bragging about bad behaviour. He is an Australian and he can write in native English but his mind jumps around and he wrote in a very disorganised way. If the authority person reads this, they might get tired of reading fifteen pages of just bragging.

    Is there a way to get a sample of the structure of a statutory declaration?

    Is it legal to put an opinion out, maybe not fact, in a statutory declaration? If man does bad things to a person, like lie and confuse the and is fraudulent, maybe not all the things he is saying is not true. I mean, for example, the man could say he scared me to make me do things. It's only an opinion that I was 'scared'.

    What is the legal rule or legal words to write an opinion?

    I worry because the man like say lies. I'm worried that he might, after giving declaration, pretend I changed the declaration. He might say I forged all the pages in the document except last page with the signature.

    The documents will be prepare in ACT territory. I asked the JP lady in the police station who witness sign and she refused to agree to sign or initial every page. She is only required in state document and ACT use federal rule. She said in federal rule, she only signs the last page.

    I try to ask the JP lady more questions about her signature but she got angry and said I'm wasting her time. Is there a way to get a legal mark on each page in ACT without annoying the JP lady? Is there a way to use special paper that will make it hard to forge?

    So for repeat - I have three questions:

    1) where can I find a good sample structure for a statutory declaration?
    2) is a statutory of declaration based on opinions legal?
    3) how can I make a document hard to forge without needing the JP to sign every page?

    Thanks in advance. Again, sorry for the bad English.
  2. Victoria S

    Victoria S Well-Known Member

    9 April 2014
    Likes Received:
    Hi Lurkette,

    (1) The best way to structure a long affidavit or statutory declaration is to list events in a chronological order, and make concise statements about what occurred and the date or time at which they occurred (can be approximate if you can't remember). It is helpful to divide the statutory declaration into paragraphs that are numbered and divide it into sections under separate headings. Each paragraph should address one particular subject or topic.

    (2) Not sure what this question is getting at sorry!

    (3) Can you get the man writing the statutory declaration to initial each page? If the JP won't do it, then I'm not sure how you can get a mark on each page to prevent allegations of forgery. I would record the details of the JP lady who witnessed it so that she can testify if necessary that she witnessed him sign the whole 15 page document and testify to its legitimacy.
  3. Tim W

    Tim W Lawyer

    28 April 2014
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    I say this with all possible courtesy and respect...

    Getting affidavits, Statutory Declarations, and similar documents correct in every detail is very important.

    Because of that, I suggest that this work may be beyond your language skill level (in English).

    I suggest that you visit a Community Legal Centre near you,
    who will hopefully be able to assist you, also having an interpreter in the language you prefer.
    Interpreters are available in person and by telephone.

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