Non Criminal Affidavit Template for Australia

When you need to provide sworn written evidence in Australian civil proceedings, a Non Criminal Affidavit serves as your formal legal statement. This document allows you to present facts and circumstances under oath, making it admissible evidence in courts and administrative proceedings across Australia.

When do you need this document?

You'll typically need a Non Criminal Affidavit in family law proceedings when presenting evidence about parenting arrangements or financial circumstances. Property disputes often require affidavits to establish ownership, boundaries, or transaction details. Administrative hearings for immigration, licensing, or government benefits frequently demand sworn evidence through affidavits. You may also need this document for probate matters, debt recovery proceedings, or when applying for court orders where factual evidence must be formally presented.

Key legal considerations

Your affidavit must contain only facts within your personal knowledge or belief, clearly distinguishing between direct knowledge and information received from others. Each paragraph should be numbered and contain a single fact or closely related facts. You must include your full legal name, occupation, and address as the deponent. The document requires a statement declaring the contents are true and correct to the best of your knowledge and belief. False statements in an affidavit constitute perjury, carrying serious legal penalties including potential imprisonment. You should avoid legal conclusions, opinions, or hearsay evidence unless specifically permitted by court rules.

Legal requirements in Australia

Under the Evidence Act 1995 (Cth) and corresponding state legislation, your affidavit must be properly sworn or affirmed before an authorized person. This includes legal practitioners, justices of the peace, commissioners for declarations, or court officials as specified in the Oaths Act 1900 and state equivalents. The Federal Court Rules 2011 and corresponding state court rules dictate specific formatting requirements including court details, matter numbers, and proper execution procedures. Your witness must verify your identity and ensure you understand the oath or affirmation before signing. The document must include the witness's full name, qualification, signature, and official stamp or seal where required. Some states have specific requirements for the form of jurat (the witnessing clause) that must be strictly followed for the affidavit to be valid.