Same Name Affidavit for Australia

Same Name Affidavit Template for Australia

A Same Name Affidavit is a formal legal document used in Australian jurisdictions where an individual formally declares under oath that multiple variations of their name refer to the same person. This document is prepared in accordance with Australian federal and state statutory requirements for affidavits and must be witnessed by an authorized person such as a Justice of the Peace, lawyer, or other qualified witness. The affidavit includes detailed information about the deponent's identity, lists all name variations, explains the circumstances of different name usage, and typically includes supporting documentation as schedules.

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What is a Same Name Affidavit?

The Same Name Affidavit serves as a crucial legal instrument in Australian jurisdictions for individuals who need to formally establish that they are known by multiple name variations. This document is commonly required in situations involving property transactions, legal proceedings, immigration matters, or financial dealings where documentation shows different versions of a person's name. The affidavit must comply with relevant state and federal legislation, including the Statutory Declarations Act 1959 (Cth) and state-specific Oaths Acts. It requires proper execution before an authorized witness and typically includes supporting documentation to verify the claims made. The document helps prevent confusion and potential legal issues by officially linking all variations of an individual's name, whether these variations arise from marriage, cultural practices, spelling differences, or other circumstances.

What sections should be included in a Same Name Affidavit?

1. Title and Jurisdiction: Specifies the document type as an affidavit and identifies the relevant jurisdiction

2. Deponent Details: Full legal name, current address, and occupation of the person making the affidavit

3. Current Legal Name Declaration: Statement of the deponent's current legal name and how it appears on official identification documents

4. Alternative Names List: Comprehensive list of all name variations used by or referring to the deponent

5. Name Usage History: Chronological explanation of when and how different name variations were used

6. Purpose Declaration: Statement explaining why the affidavit is being made and how it will be used

7. Truth Declaration: Formal declaration that all statements made in the affidavit are true and correct

8. Execution Block: Space for signature, date, and witness details

What sections are optional to include in a Same Name Affidavit?

1. Marriage Name Change: Section explaining name changes due to marriage or divorce, include when applicable

2. Legal Name Change: Details of any formal legal name changes, include when there has been an official name change

3. Cultural/Religious Name Usage: Explanation of different name usage in cultural or religious contexts, include when relevant

4. Professional/Business Name Usage: Declaration of names used in professional or business contexts, include when applicable

5. Immigration/Naturalization Details: Information about name variations in immigration documents, include for immigrants or naturalized citizens

What schedules should be included in a Same Name Affidavit?

1. Schedule A - Identity Documents: Copies of official identification documents showing different name variations

2. Schedule B - Supporting Documents: Additional documentation supporting name usage (e.g., marriage certificates, change of name certificates)

3. Schedule C - Document List: List of all documents where different name variations appear and need to be linked

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
Relevant Industries

Legal Services

Banking and Finance

Real Estate

Immigration

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Government Services

Insurance

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Relevant Teams

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Relevant Roles

Lawyer

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Compliance Officer

Human Resources Manager

Immigration Consultant

Bank Officer

Property Conveyancer

Court Registrar

Identity Verification Officer

Risk Management Officer

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Document Controller

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