Third Party Declaration for Australia

Third Party Declaration Template for Australia

A Third Party Declaration is a formal legal document used in Australian jurisdictions where an independent party provides sworn statements or confirmations about specific facts, circumstances, or matters relevant to a transaction or situation. The document follows Australian federal and state-specific requirements for declarations, including appropriate witnessing and execution requirements. It serves as a legally binding statement that can be relied upon by other parties and may be used as evidence in legal proceedings. The declaration must comply with relevant state legislation regarding statutory declarations and may need to meet specific formatting and execution requirements depending on its intended use and the jurisdiction within Australia.

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What is a Third Party Declaration?

The Third Party Declaration is a crucial legal instrument in Australian business and legal practice, used when independent verification or confirmation of facts is required from someone not directly involved in a primary transaction or agreement. This document is commonly used in situations requiring objective confirmation of facts, circumstances, or relationships, such as verifying employment history, confirming business relationships, or attesting to specific events or conditions. The declaration must comply with Australian federal legislation, including the Statutory Declarations Act 1959, as well as relevant state-specific requirements. It typically includes detailed statements of fact, the basis of the declarant's knowledge, and must be properly witnessed according to Australian legal requirements. The document is particularly valuable in situations where formal evidence is needed but where the declaring party is not a direct participant in the main transaction or agreement.

What sections should be included in a Third Party Declaration?

1. Declaration Details: Identifies the declarant, date of declaration, and reference to any related primary agreement or matter

2. Background: Explains the context and purpose of the declaration, including the declarant's relationship to the primary matter

3. Definitions: Defines key terms used in the declaration to ensure clarity and prevent ambiguity

4. Declaration Statements: The specific facts, circumstances, or matters being declared or confirmed by the third party

5. Basis of Knowledge: Explains how the declarant has knowledge of the declared matters

6. Truth and Accuracy: Standard clause confirming that the declaration is true and accurate to the best of the declarant's knowledge

7. Execution: Formal signing section including witness requirements and statutory declaration formatting if required

What sections are optional to include in a Third Party Declaration?

1. Confidentiality: Required when the declaration contains sensitive or confidential information that needs protection

2. Supporting Documents: References to any documents attached to support the declarations made

3. Regulatory Compliance: Required when the declaration needs to comply with specific regulatory requirements

4. Legal Advice: Confirmation that the declarant has received independent legal advice, used when the declaration has significant legal implications

5. Indemnification: Used when the declarant needs to provide indemnification regarding the declared matters

6. Future Cooperation: Required when the declarant may need to provide additional information or cooperation in the future

What schedules should be included in a Third Party Declaration?

1. Supporting Documents: Copies of relevant documents referenced in the declaration

2. Proof of Identity: Copies of identification documents of the declarant when required

3. Related Agreements: Copies or excerpts of related agreements or documents referenced in the declaration

4. Evidence Schedule: Documentary evidence supporting the declared facts or statements

5. Authorization Schedule: Any relevant authorizations or powers of attorney if the declaration is made on behalf of another party

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

Declaration Form

Sector

Cost

Free to use
Relevant Industries

Financial Services

Real Estate

Construction

Healthcare

Education

Legal Services

Manufacturing

Retail

Technology

Insurance

Government

Professional Services

Transportation

Energy

Telecommunications

Relevant Teams

Legal

Compliance

Risk Management

Corporate Governance

Human Resources

Operations

Administration

Finance

Procurement

Corporate Affairs

Regulatory Affairs

Relevant Roles

Legal Counsel

Compliance Officer

Risk Manager

Company Secretary

Human Resources Manager

Operations Manager

Contract Administrator

Business Development Manager

Project Manager

Chief Financial Officer

Procurement Manager

Corporate Governance Officer

Legal Administrator

Due Diligence Officer

Regulatory Affairs Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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