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Confirmatory Affidavit for Australia

Confirmatory Affidavit Template for Australia

A Confirmatory Affidavit is a formal sworn document used in Australian legal proceedings to verify or confirm specific facts, circumstances, or events. It must comply with Australian federal and state legislation, including the Evidence Act 1995 and relevant state-specific Oaths Acts. The document requires proper execution before an authorized witness and must follow strict formatting and content requirements as specified by the relevant court rules. It serves as formal evidence in legal proceedings and carries serious legal consequences for false statements.

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What is a Confirmatory Affidavit?

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.

What sections should be included in a Confirmatory Affidavit?

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

What sections are optional to include in a Confirmatory Affidavit?

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

What schedules should be included in a Confirmatory Affidavit?

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

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

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses















Relevant Industries

Legal Services

Financial Services

Government and Public Sector

Healthcare

Construction and Real Estate

Manufacturing

Education

Professional Services

Mining and Resources

Retail and Consumer Goods

Relevant Teams

Legal

Compliance

Corporate Secretariat

Risk Management

Regulatory Affairs

Governance

Litigation

Administrative Support

Executive Management

Relevant Roles

Legal Counsel

Compliance Officer

Corporate Secretary

Risk Manager

Regulatory Affairs Manager

Paralegal

Company Director

Chief Legal Officer

General Counsel

Legal Administrator

Litigation Manager

Company Secretary

Compliance Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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