What is an affidavit?

An affidavit is a written statement of facts from an individual which is sworn or affirmed to be true – it is essentially an oath that what they are saying is the truth.

An affidavit is the way in which you set out the facts of your case to the court. The affidavit becomes evidence in your case. It is the main way you present evidence (facts of the case) to a court. An affidavit will be used along with witness statements to prove the truthfulness of a certain statement in court.

 

 

Signing an affidavit

Once completed, affidavits mu​st be sworn, or affirmed, and signed in front of a witness who is an "authorised person". This can be a Justice of the Peace, Commissioner of Oaths, solicitor or barrister. Being a Justice of the Peace is a voluntary position and there is no charge to you to have a JP witness and affidavit. Other authorised people may charge you for their services. However, there is no set fee for these services.You should ask about fees when you make an appointment at the beginning of your consultation.

The role of the authorised person is to act as an independent and objective witness to documents people use for official or legal purposes.

You cannot take a pre-signed affidavit to the authorised person.  They must witness you actually signing the document in front of them. You should take photographic identification to present to the authorised person.

After witnessing your signature, the witness must also sign the affidavit and seal the document with their stamp or credentials.

 

How do I find an "authorised person"?

If you need to have a document witnessed, you can go to a Document Witnessing Centre where a Justice of the Peace (JP) will assist you. There are Document Witnessing Centres located at many metropolitan and regional locations.

Most courts have a Justice of the Peace on duty. at some point during the day. You should phone the court to detemine if and when they would be available to assist.

You can use and online search directory in your state to find an JP near you. Some JPs are available after hours.

• Northen Territory
• Australian Capital Territory
• New South Wales 
• Queensland
• South Australia
• Western Australia
• In Tasmania - Telephone the Legal Aid Commission on 1300 366 611 for a JP's contact details.

 

Are there JPs who speak language other than English?

Yes. The roll of JPs contains people who speak languages other than English. To find a JP who speaks a specific language, you should do an online search to "Find a JP in my area" and then use the appropriate filter to search the database.

 

Published by, Christine Weston
Founding Director and Creator of Divorce Resource
Australian Nationally Accredited Mediator and Divorce Coach

 

 

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