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Self Affidavit Form for Australia

Self Affidavit Form Template for Australia

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Self Affidavit Form

"I need a Self Affidavit Form to verify my position as company director and confirm the financial status of my technology startup for a potential investor, including statements about our current assets and intellectual property as of March 2025."

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What is a Self Affidavit Form?

The Self Affidavit Form is a crucial legal document in the Australian legal system, used when an individual needs to make a formal, sworn statement about facts or circumstances. This document type is governed by various pieces of legislation including the Statutory Declarations Act 1959 (Cth) and state-specific Oaths Acts. A Self Affidavit Form must be signed in the presence of an authorized witness and can be used in court proceedings, administrative applications, government processes, or any situation requiring a formal sworn statement. The document typically contains numbered paragraphs detailing specific facts or declarations, and may include supporting documents as exhibits. Its validity depends on strict compliance with legal requirements regarding format, content, and execution, with serious penalties applying for false declarations.

What sections should be included in a Self Affidavit Form?

1. Title and Header: Identifies the document as an affidavit, includes court details if applicable, and matter reference number if relevant

2. Deponent Details: Full legal name, occupation, and residential or business address of the person making the affidavit

3. Oath/Affirmation Statement: Standard declaration stating whether the deponent is making the statement under oath or by affirmation

4. Background Information: Establishes the deponent's relationship to the matter and their authority to make the statements

5. Facts and Declarations: Numbered paragraphs containing the substantive content of the affidavit, with each separate fact or declaration in its own paragraph

6. Truth Declaration: Standard clause declaring that the contents are true and correct to the best of the deponent's knowledge and belief

7. Signature Block: Space for deponent's signature, date, and qualified witness details

8. Witness Certification: Section for the authorized witness to sign and include their qualification details

What sections are optional to include in a Self Affidavit Form?

1. Interpreter Declaration: Required when the deponent requires an interpreter, including details of the interpreter and confirmation of accurate translation

2. Exhibits Reference: Section referring to attached documents or exhibits, required when the affidavit relies on supporting documentation

3. Capacity Statement: Required when the deponent is making the affidavit in a specific capacity (e.g., as company director, trustee, or guardian)

4. Belief Statement: Required when certain statements are made on information and belief rather than direct knowledge, explaining the source of the information

What schedules should be included in a Self Affidavit Form?

1. Exhibit Certificates: Certificates identifying and authenticating each document attached to the affidavit

2. Supporting Documents: Copies of relevant documents referenced in the affidavit, marked as exhibits

3. Identity Documents: Copies of identification documents when required for verification purposes

4. Authority Documents: Documents establishing the deponent's authority when making the affidavit in a representative capacity

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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