The Confirmatory Affidavit is a crucial legal instrument in the Australian legal system, used when formal verification of facts or circumstances is required under oath. It is commonly utilized in various contexts, including court proceedings, regulatory compliance, corporate matters, and administrative proceedings. The document must be prepared in accordance with Australian federal and state legislation, requiring the deponent to swear or affirm that the contents are true and correct before an authorized witness. The affidavit typically includes relevant background information, specific facts being confirmed, and any supporting documentation as exhibits. It's particularly important in situations where formal evidence is required, such as legal proceedings, property transactions, or regulatory submissions.
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1. Title and Court Details: Identifies the court, matter number if applicable, and parties involved
2. Deponent Details: Full name, occupation, and address of the person making the affidavit
3. Knowledge Statement: Statement confirming the basis of the deponent's knowledge of the facts
4. Background Context: Brief context explaining the purpose of the affidavit and its relationship to the broader matter
5. Facts Declaration: Numbered paragraphs containing the confirmed facts, presented in chronological or logical order
6. Truth Declaration: Standard declaration that the contents are true and correct
7. Execution Block: Space for signature, date, and witness details
1. Exhibited Documents Reference: Section referring to documents attached as exhibits, used when supporting documents need to be formally referenced
2. Professional Qualifications: Section detailing the deponent's qualifications, used when expertise or professional standing is relevant
3. Prior Related Affidavits: Reference to previous affidavits in the matter, used when this affidavit supplements or corrects earlier ones
4. Translation Certificate: Required when the deponent needs an interpreter or when documents in other languages are involved
5. Belief Statements: Used when certain statements are based on belief rather than direct knowledge, requiring explanation of the belief's basis
1. Exhibit Certificates: Formal certificates marking and authenticating each exhibit attached to the affidavit
2. Documentary Exhibits: Copies of relevant documents referenced in the affidavit, marked as exhibits
3. Photograph Annexures: Photographs or images referenced in the affidavit, with appropriate certification
4. Reference List: List of all exhibits and annexures attached to the affidavit
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