The Affidavit of Non Use is a crucial legal instrument in Australian law, primarily utilized when formal evidence of non-use needs to be presented to courts, regulatory bodies, or other authorities. This document is most commonly employed in trademark proceedings where a party seeks to remove a trademark from the register due to non-use, or in property matters where confirmation of non-use or non-occupation is required. The affidavit must be sworn or affirmed before an authorized witness and includes detailed information about the deponent, the subject matter of non-use, the relevant time period, and any supporting evidence. It carries serious legal consequences for false declarations and must comply with both federal legislation (such as the Statutory Declarations Act 1959) and relevant state or territory laws governing affidavits.
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1. Title and Court Details: Identifies the court, matter number if applicable, and type of affidavit
2. Deponent Details: Full name, occupation, and address of the person making the affidavit
3. Basis of Knowledge: Establishes the deponent's position, role, or relationship to the matter and their authority to make the statements
4. Subject Matter Identification: Clearly identifies the trademark, property, or subject matter to which the non-use relates
5. Period of Non-Use: Specifies the exact timeframe during which the subject matter was not used
6. Declaration of Non-Use: Clear statement confirming the non-use and specific details about the lack of usage
7. Verification: Standard wording confirming that the contents are true and correct
8. Execution Block: Space for signature, date, and witness details
1. Search Results: Section detailing any searches conducted to verify non-use, included when specific investigations have been performed
2. Market Analysis: Section providing market context for the non-use, included when relevant to explaining the circumstances
3. Third Party Confirmations: Section referencing any third-party verification of non-use, included when such evidence exists
4. Reasons for Non-Use: Section explaining why the subject matter wasn't used, included when context is important or required
5. Future Intentions: Section stating any plans regarding future use or non-use, included when relevant to the legal proceedings
1. Evidence Schedule: Compilation of documentary evidence supporting the claim of non-use
2. Search Reports: Detailed results of any searches conducted to verify non-use
3. Supporting Documents: Copies of relevant correspondence, registrations, or other supporting materials
4. Market Research: Reports or data supporting claims about market conditions or industry practices
5. Witness Statements: Additional sworn statements from other parties confirming aspects of the non-use
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