Employment Law
How do I make an Affidavit in NSW?
How do I make an Affidavit in NSW?
You (the deponent) make an Affidavit by swearing or affirming that the Affidavit’s contents are true before a witness who must be one of the following:
• A Justice of the peace (“JP”)
• A Solicitor
• A Barrister
• A Commissioner for affidavits
• A Notary public.
Mandatory Requirements
You MUST:
• Sign in the presence of the witness
• Sgn the foot of each page (excluding annexures)
• Initial any alterations, additions or erasures.
You or the witness MUST:
• Write or type the date in the title at the top of the front page of the Affidavit and in the introductory paragraph of the Affidavit
• Delete the word ‘Affirmed’, if you have taken an oath OR delete the word ‘Sworn’, if you have made an affirmation.
Following this, the witness MUST sign:
• underneath the words ‘Sworn (or Affirmed) at [place]’
• at the foot of each page of the Affidavit (although there is no need for the witness or deponent to sign the first page if it is only the title page of the Affidavit, containing none of the substance)
• the certificate endorsed on any annexure
• the certificate attached to any exhibit.
The witness must initial any alterations, additions or erasures (see UCPR 35.5).
The Affidavit MUST include:
• the witnesses’ name and address
• the JP’s registration number, if relevant.
If the witness is a JP, the JP may provide his or her registration number as a JP in place of the JP’s address.
JPs must write their registration number on any document they sign or witness as a JP in accordance with the “Guidelines for Justices of the Peace” developed in accordance with requirements under the Justices of the Peace Act 2002 (NSW) and the Justices of the Peace Regulation 2014 (NSW) and outlined in the Justices of the Peace Handbook.
If the witness is a notary public, the notary public must apply his or her seal.
Where an Affidavit or witness statement is being taken and the deponent or the witness requires an interpreter, the interpreter must give a certification in the form contained within the forms.
Annexures to an Affidavit
See UCPR 35.6 for more information.
If you are annexing documents to an Affidavit, you must include a certificate on the annexure that contains the following information.
The certificate must not be on a separate page from the annexure.
The pages of the Affidavit and the annexures must be consecutively numbered in a single series of numbers.
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Credits:
This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
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