Affidavit Of Non Use Template for Australia

An Affidavit Of Non Use is a formal sworn statement that provides legal evidence of non-use in various Australian legal proceedings. You'll need this document when courts, tribunals, or regulatory bodies require verified proof that a trademark, property, or other asset has not been used during a specific period. The document carries the full weight of sworn testimony and must be prepared with careful attention to accuracy and detail.

When do you need this document?

You'll most commonly need an Affidavit Of Non Use in trademark disputes where opposing parties challenge trademark registrations on grounds of non-use. Under the Trade Marks Act 1995 (Cth), trademarks can be removed from the register if not used for three consecutive years. You may also require this document in property law matters to establish non-occupation of premises, in corporate proceedings to demonstrate non-use of company assets, or in family law cases where asset utilisation is disputed. Regulatory bodies may also request these affidavits when investigating compliance with licensing conditions or usage requirements.

Key legal considerations

Your affidavit must clearly identify the subject matter, specify the exact period of non-use, and establish your authority to make such declarations. You need to include comprehensive details about your relationship to the matter and the basis of your knowledge. The document should address any potential exceptions or limited use that might have occurred during the relevant period. Be aware that making false statements in an affidavit constitutes perjury under the Criminal Code Act 1995 (Cth) and can result in serious penalties including imprisonment. Ensure all factual assertions can be supported by evidence, and consider including supporting documentation as exhibits to strengthen your affidavit.

Legal requirements in Australia

Your Affidavit Of Non Use must comply with the Statutory Declarations Act 1959 (Cth) and relevant state-based Oaths Acts. The document must be sworn before an authorised witness including a Justice of the Peace, Commissioner of Declarations, or legal practitioner. You must provide proper identification to the witness and swear or affirm that the contents are true and correct. The affidavit should include standard formal elements: court details if for litigation, your full name and address, clear statement of your authority to make the declaration, and specific details about the non-use being declared. In federal court proceedings, ensure compliance with the Evidence Act 1995 (Cth) regarding admissibility requirements. Some jurisdictions may accept electronic signing under the Electronic Transactions Act 1999 (Cth), but verify local court rules before proceeding with digital execution.