Common Law Affidavit Template for Australia

A Common Law Affidavit is a crucial legal document that allows you to present sworn evidence in Australian courts and administrative proceedings. This written statement of facts, made under oath or affirmation, serves as formal testimony that can be used when you cannot appear in person or need to provide documented evidence to support your case.

When do you need this document?

You will need a Common Law Affidavit in various legal situations throughout Australia. Courts commonly require affidavits for interlocutory applications, summary judgment proceedings, and when seeking urgent relief such as injunctions. In family law matters, you may need affidavits to support custody applications, property settlement claims, or to provide evidence of domestic violence. Commercial disputes often require affidavits to establish facts about contracts, business relationships, or financial circumstances. Administrative bodies may also request affidavits for licensing applications, regulatory compliance, or when challenging government decisions through judicial review proceedings.

Key legal considerations

Your affidavit must contain only facts within your direct knowledge, not opinions or hearsay evidence, unless specifically permitted by law. Each paragraph should be numbered and contain a single fact or closely related facts presented in chronological or logical order. You must include a statement of truth declaring that the contents are accurate to the best of your knowledge and belief. Any documents you reference must be properly exhibited and attached to the affidavit. Be aware that making false statements in an affidavit constitutes perjury, which carries serious criminal penalties including potential imprisonment. The document must follow strict formatting requirements including proper margins, font sizes, and page numbering as specified by the relevant court rules.

Legal requirements in Australia

Under the Evidence Act 1995 (Cth) and Federal Court Rules 2011, your affidavit must be witnessed by an authorized person including a solicitor, barrister, commissioner for declarations, justice of the peace, or notary public. State-based Oaths Acts govern who can witness affidavits in state courts, with some variation between jurisdictions. The witness must be satisfied of your identity and that you understand the nature and consequences of the oath or affirmation. Your affidavit must include the full style of cause if filed in court proceedings, your complete name, occupation, and address, and be signed and dated by both you and the authorized witness. Electronic execution may be permitted under certain circumstances following Electronic Transactions Act 1999 (Cth) requirements, though physical execution remains the preferred method for court proceedings.