Affidavit Without Notary for Australia

Affidavit Without Notary Template for Australia

An Affidavit Without Notary is a formal written statement of facts made voluntarily and sworn to be true by the deponent (the person making the statement), witnessed by an authorized person under Australian law, but not requiring notarization. This document carries significant legal weight in Australian jurisdictions and can be used in various legal proceedings, administrative matters, and formal declarations. It must comply with relevant state and federal legislation, including the Evidence Act 1995 and applicable state Oaths Acts, while maintaining the formal requirements of an affidavit despite the absence of notarization.

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What is a Affidavit Without Notary?

The Affidavit Without Notary is a crucial legal document in Australian jurisdiction that serves as a formal written statement of facts sworn to be true by the deponent. While traditional affidavits often require notarization, Australian law recognizes this simplified version when witnessed by authorized persons such as Justices of the Peace, legal practitioners, or other qualified witnesses as specified in state legislation. This document type is commonly used in court proceedings, administrative matters, government applications, and various business contexts where formal sworn statements are required. It must include specific components such as the deponent's personal information, a clear statement of facts, and proper witnessing details to be legally valid. The document is governed by various Australian federal and state laws, including the Evidence Act 1995 and state-specific Oaths Acts.

What sections should be included in a Affidavit Without Notary?

1. Title and Header: Identifies the document as an affidavit, includes the court details if applicable, and matter reference number if relevant

2. Deponent Information: Full legal name, occupation, and residential or business address of the person making the affidavit

3. Basis of Knowledge: Statement explaining how the deponent has personal knowledge of the matters stated in the affidavit

4. Facts and Declarations: Numbered paragraphs containing the substantive content of the affidavit, presented in chronological or logical order

5. Truth Declaration: Standard declaration that the contents are true and correct to the best of the deponent's knowledge and belief

6. Signature Block: Space for deponent's signature, date, and witness details

7. Witness Declaration: Statement by the authorized witness (such as a legal practitioner or Justice of the Peace) confirming the affidavit was signed in their presence

What sections are optional to include in a Affidavit Without Notary?

1. Interpreter Declaration: Required when the deponent needs an interpreter to understand and make the affidavit

2. Exhibits Reference: Section referring to attached documents or exhibits, required when the affidavit relies on supporting documentation

3. Disability Declaration: Required when the deponent has a disability that affects the way the affidavit is made or understood

4. Multiple Deponents: Additional sections required when more than one person is making the affidavit

5. Court Specific Requirements: Additional formal requirements specific to particular courts or jurisdictions

What schedules should be included in a Affidavit Without Notary?

1. Exhibit Certificates: Certificates identifying and authenticating each document attached to the affidavit

2. Supporting Documents: Copies of relevant documents referenced in the affidavit, marked as exhibits

3. Annexures: Additional materials referenced in the affidavit that provide supporting evidence

4. Identity Documents: Copies of identification documents when required to verify the deponent's identity

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
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