Affidavit Of Non Filing Template for Australia

An Affidavit of Non Filing is a sworn statement that formally declares certain documents have not been lodged with courts, government agencies, or other official bodies. You'll need this document when you must provide legal proof that specific filings were never submitted, whether for court proceedings, regulatory compliance, or administrative purposes.

When do you need this document?

You'll typically require an Affidavit of Non Filing in several scenarios. Court proceedings may demand proof that certain documents weren't previously filed, particularly in matters involving statute of limitations or procedural compliance. Corporate entities often need these affidavits to demonstrate compliance with filing requirements to ASIC or other regulatory bodies. Insurance claims may require verification that no prior claims were lodged, while property transactions might need confirmation that certain documents weren't registered. Additionally, you may need this affidavit when responding to regulatory inquiries or when correcting public records that incorrectly show filings that never occurred.

Key legal considerations

Your affidavit must include precise identification of the documents in question, including their nature, expected filing dates, and relevant reference numbers. You must clearly state your authority and capacity to make declarations about the non-filing status, whether as a party to proceedings, corporate officer, or authorised representative. The document should detail the verification steps you've taken to confirm non-filing, such as searches conducted or inquiries made with relevant authorities. You must specify the time period covered by your declaration and any limitations on your knowledge. Remember that making false statements in an affidavit constitutes perjury under the Crimes Act 1914, carrying serious penalties including imprisonment. Ensure you have conducted thorough searches and can honestly attest to the accuracy of your statements.

Legal requirements in Australia

Under the Statutory Declarations Act 1959 and state-specific Oaths Acts, your affidavit must be sworn or affirmed before an authorised witness such as a Justice of the Peace, Commissioner for Declarations, or qualified legal practitioner. The document must include your full legal name, current address, and occupation as the deponent. Your witness must sign and include their qualification details and registration numbers where applicable. The affidavit must follow prescribed formatting requirements, including proper jurat clauses and witness attestation sections. If filing in Federal Court, you must comply with Federal Court Rules 2011 regarding affidavit format and content. For electronic versions, ensure compliance with the Electronic Transactions Act 1999 if using digital signatures. State courts may have additional specific requirements, so verify local court rules before finalising your document.