Who can witness an affidavit?

In most states, authorised witnesses include Justices of the Peace, Australian legal practitioners (solicitors and barristers), notaries public, and court officers. Specific categories vary by state — consult the local Oaths Act and the court rules for a full list.

What is the difference between an affidavit and a statutory declaration?

An affidavit is sworn or affirmed for use as evidence in court, tribunal, or quasi-judicial proceedings. A statutory declaration is made under the Statutory Declarations Act 1959 (Cth) or state equivalents for general official purposes. Both are made under the threat of perjury-style offences, but affidavits are subject to stricter court-rule formatting.

Can I witness my affidavit over video?

Many states have made audiovisual-link witnessing permanent — for example, Schedule 1 to the Electronic Transactions Act 2000 (NSW) and the corresponding ACT, Queensland, and Victorian regulations. The witness must see and confirm the signatory's identity and take reasonable steps to verify the document is the same.

What if I make a mistake in the affidavit?

A mistake can be corrected by filing a supplementary affidavit. Do not alter the original after swearing — altering a sworn document can amount to forgery. For serious inaccuracies, withdraw the affidavit and file a fresh one.

Do I need to attach exhibits separately?

Yes. Each exhibit must be referenced in the affidavit and attached with an exhibit certificate signed by the witness. The Federal Court and state court rules prescribe the exhibit cover sheet format.

What penalty applies for a false affidavit?

Perjury attracts up to 10 to 14 years' imprisonment in most Australian jurisdictions. Even a reckless false statement can attract criminal liability. Integrity in affidavits is essential — courts take perjury very seriously.

Can I use this template in a family law matter?

Yes, subject to adapting the format to the Federal Circuit and Family Court of Australia Rules 2021, which have specific affidavit forms and length limits. Parenting case affidavits are limited to 25 pages in primary applications.

Does the deponent need to sign every page?

Most courts require initialling of each page and full signature at the end. Exhibit references are also typically signed by the witness. Check the local court rules — for example, Part 35 of the Uniform Civil Procedure Rules 2005 (NSW).

LegalAustralia

Affidavit Template

An affidavit is a written statement of facts sworn or affirmed before an authorised witness for use as evidence in a court, tribunal, or official process. Use our free Australian template to prepare a clear, structured affidavit that satisfies the Oaths Act in your state and the rules of the Federal Court, Family Court, or Supreme Court.

Create Your Affidavit

Free to useInstant PDFNo account required

AFFIDAVIT

Commercial / Business Matter · State Of New South Wales, Australia · Ref: SC-2026-00789

DEPONENT

FULL LEGAL NAME	Sarah J. Mitchell
ADDRESS	45 George Street, Sydney NSW 2000
STATE	New South Wales
OCCUPATION	Senior Project Manager
MATTER TYPE	Commercial / Business Matter
REFERENCE NO.	SC-2026-00789

SWORN: 25 April 2026, Sydney, New South Wales

Sworn on Oath

I, Sarah J. Mitchell, of 45 George Street, Sydney NSW 2000, in the State of NSW, Senior Project Manager, MAKE OATH AND SAY AS FOLLOWS:

1. I am the deponent in this affidavit and have personal knowledge of the matters set out herein, except where stated to be based on information and belief.

2. I have been employed as Senior Project Manager at Hargreaves Construction Pty Ltd (ABN 12 345 678 901) since 15 March 2019 and continue in that role at the address above.

3. Attached hereto and marked Exhibit "A" is a true copy of the written agreement dated 3 January 2026 between Hargreaves Construction Pty Ltd and Coastal Projects Pty Ltd.

EXHIBITS
Exhibit A — Written Agreement dated 3 January 2026 Exhibit B — Invoice No. INV-2026-001 dated 15 February 2026

Note: This affidavit is made pursuant to the Evidence Act 1995 (Cth) s. 62 and the Oaths Act 1900 (NSW). Making a false statement under oath constitutes perjury under s. 314 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 12 years imprisonment.

JURAT

SWORN before me at Sydney, in the State of NSW, on 25 April 2026.

DEPONENT

Sarah J. Mitchell

Date: ____________________

JUSTICE OF THE PEACE

Robert T. Harrington

Date: ____________________

What Is an Affidavit?

An affidavit is a written statement made on oath or by affirmation, signed by the person making it (the "deponent") in front of an authorised witness, and used as evidence in a court or official proceeding. Unlike a statutory declaration — used for general official purposes — an affidavit is specifically tied to court or quasi-judicial processes. Making a false affidavit is a serious offence that can amount to perjury.

Affidavits are used in civil litigation, family law matters, probate, urgent injunctive relief, migration tribunals, and many administrative processes. Each Australian court has specific rules about affidavit form, pagination, exhibits, and service. Federal Court affidavits follow the Federal Court Rules 2011; Family Court affidavits follow the Federal Circuit and Family Court of Australia Rules 2021; and state Supreme Courts have their own uniform civil procedure rules.

The oath or affirmation is administered under state Oaths Acts — Oaths Act 1900 (NSW), Oaths and Affirmations Act 2018 (Vic), Oaths Act 1867 (Qld), Oaths Act 1867 (Tas), Oaths, Affidavits and Statutory Declarations Act 2005 (WA), Oaths Act 1936 (SA), Oaths Act 2001 (Tas), Oaths Act 2002 (ACT), and Oaths, Affidavits and Declarations Act 2010 (NT). Authorised witnesses typically include Justices of the Peace, Australian legal practitioners, notaries public, and (for defence force personnel) certain officers.

What's Covered in This Template

Our affidavit template provides the standard structure required by Australian courts and tribunals.

Court Details

Name of the court, registry, case number, and party names.

Deponent Details

Full name, address, occupation, and relationship to the matter.

Oath or Affirmation

Clear indication whether evidence is sworn on oath or affirmed.

Numbered Paragraphs

Structured paragraphs of fact, each no longer than necessary.

First-Person Narrative

Statements in the first person, based on personal knowledge or belief with source identified.

Exhibits

Reference to documentary exhibits, each with an exhibit marking.

Statement of Truth

Declaration that the contents are true to the deponent's knowledge.

Deponent Signature Block

Signature of the deponent on each page where required.

Authorised Witness Details

Name, qualification, and signature of the JP, lawyer, or notary.

Date and Place

Date and place of swearing/affirming.

Pagination

Page numbering and total pages in the prescribed form.

Service Block

Details of who filed and served the affidavit.

How to Create an Affidavit

Follow these steps to prepare an affidavit in the format required by Australian courts.

1
Enter Court Details
Provide the court, registry, case number, and party names.
2
Describe the Deponent
Record your full name, address, occupation, and role in the matter.
3
Draft Numbered Paragraphs
Write concise, numbered paragraphs of fact in the first person, distinguishing personal knowledge from belief.
4
Attach Exhibits
Reference supporting documents and mark each as an exhibit.
5
Swear or Affirm and Download
Sign before a JP, Australian legal practitioner, or notary public, then download the PDF for filing.

Legal Considerations

Affidavits are formal sworn evidence — honesty and formal correctness are critical.

This template is for informational purposes only and does not constitute legal advice. Affidavits in contested proceedings should be reviewed by an Australian legal practitioner before filing.

Reviewed for Australian law

Oaths and Affirmations

The oath is a religious declaration; the affirmation is a non-religious alternative with identical legal effect. Both are administered under the relevant state Oaths Act. The authorised witness must administer the oath or affirmation in person — remote witnessing by audiovisual link has been made permanent in several jurisdictions, including NSW under the Oaths Act 1900 (NSW) as amended.

Perjury and False Swearing

Section 327 of the Crimes Act 1900 (NSW), section 123 of the Crimes Act 1958 (Vic), and equivalents in other states criminalise knowingly making a false statement on oath, with maximum penalties of up to 10–14 years' imprisonment. Section 35 of the Crimes Act 1914 (Cth) covers perjury in federal proceedings.

Court Rules on Form and Content

Each court has strict formatting rules. Federal Court Rules 2011 Part 29, Federal Circuit and Family Court of Australia Rules 2021, and the Uniform Civil Procedure Rules 2005 (NSW) all prescribe the cover page, pagination, exhibit marking, and witnessing requirements. A non-compliant affidavit may be rejected or struck out.

Personal Knowledge and Hearsay

Each paragraph should state facts within the deponent's personal knowledge unless the source of belief is expressly disclosed. Section 75 of the Evidence Act 1995 (Cth) and state Evidence Acts allow hearsay in interlocutory proceedings where the source of information is identified. Otherwise, the general hearsay rule in section 59 applies.

Frequently Asked Questions

Create Your Affidavit Now

Prepare formal sworn evidence in the correct court format. Fill in the details and download the PDF in minutes.

Create Your Affidavit Browse All Templates

Free · Instant PDF · No account required