What is an affidavit

An affidavit is a written statement prepared by a party or witness. It is the main way you present evidence (facts of the case) to a court. Any affidavit you file in court to support your case must be served on all parties, including the independent children’s lawyer (if appointed).

When do you file it?

In the Family Court, you need to file an affidavit with an interim application, response or when directed by the Court. The Family Court has a blank affidavit form which can be used by applicants and respondents. In the Federal Circuit Court, you need to file an affidavit with your application or response, for both interim and final orders, and when directed by the Court. The Federal Circuit Court has a blank affidavit form which can be used by applicants and respondents.

Signing an affidavit

The person making an affidavit (the deponent) must sign the bottom of each page in the presence of an authorised person, such as a lawyer or Justice of the Peace. On the last page of the affidavit the following details must be set out (known as a jurat):

– the full name of the person making the affidavit, and their signature
– whether the affidavit is sworn or affirmed
– the day and place the person signs the affidavit, and
– the full name and occupation of the authorised person, and their signature.

If any alterations (such as corrections, cross-outs or additions) are made to the affidavit, the person making the affidavit and the witness must initial each alteration.

Do I need an affidavit

For many translations, you do not require an affidavit. Please check with the authority you are submitting the translations to whether an affidavit is required.

Examples of (NAATI) certified translations that we provide:

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