UCPR affidavit form for NSW courts

This page explains the use of the UCPR affidavit form in the courts of New South Wales.

An affidavit form for free download is available on this page. Please read the information on this page before downloading the form.

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Full instructions on how to complete this form can be found here.

Which courts can I use the UCPR affidavit form in?

The UCPR affidavit form must be used in the following courts:

Supreme Court of NSW – all civil proceedings (see below regarding proceedings in the Corporations List)
District Court of NSW – all civil proceedings
Land and Environment Court of NSW – all civil proceedings
Industrial Relations Commission (including the Industrial Court) – all civil proceedings
Dust Diseases Tribunal – all civil proceedings
Local Court of NSW – all civil proceedings under Part 3 of the Local Court Act 2007 (NSW) (which sets out the Local Court’s civil jurisdiction) and all civil proceedings under the Property (Relationships) Act 1984 (NSW).

The form is approved by the Uniform Rules Committee under s 17 of the Civil Procedure Act 2005 (NSW). Section 4 and Schedule 1 of the Civil Procedure Act 2005 (NSW) require its use in the courts stated above.

Using the UCPR affidavit form in Corporations List proceedings in the Supreme Court of NSW

The UCPR affidavit form may also be used in matters under the Corporations Act or ASIC Act which are heard in the Corporations List of the Supreme Court of NSW under the Supreme Court (Corporations) Rules 1999 (NSW). This is because r 2.6(a) of those rules allows an affidavit for the Corporations List to be in a form that complies with the rules of the Court (which include the UCPR).

To use the UCPR affidavit form in Corporations List proceedings, you should add these two additional fields immediately below the grey “TITLE OF PROCEEDINGS” box:

IN THE MATTER OF: [insert the full name the of corporation to which the proceeding relates and, if applicable, the words ‘(in liquidation)’, ‘(receiver appointed)’, ‘(receiver and manager appointed)’, ‘(controller acting)’, or ‘(administrator appointed)’]

ABN or ACN or ARBN: [insert ABN or ACN or ARBN of the corporation]

Download a free NSW UCPR affidavit form

Affidavit to be sworn or affirmed within NSW

Affidavit to be sworn or affirmed outside NSW (including overseas)

Why are there different forms depending on where the affidavit is sworn or affirmed?

The forms are identical except that the affidavit to be sworn or affirmed outside NSW does not contain fields to record the identification details of the person making the affidavit. This is because the identification requirements only apply to affidavits for NSW courts which are sworn or affirmed within NSW (s 34(1) Oaths Act 1900 (NSW)). These requirements do not apply when the affidavit is sworn or affirmed outside NSW.

If the affidavit is to be sworn within NSW for use in a NSW court you must use the form which includes the identification requirements and comply with them.

However there is an exception where the affidavit is sworn or affirmed “for the purposes of, or in connection with, any matter arising under, a law of the Commonwealth” (most usually this will be for a proceeding under the Corporations Act or ASIC Act to be heard in the Corporations List). If the affidavit is made for this purpose, it is not necessary to comply with or include the identification requirements (s 34(4A)(b) Oaths Act 1900 (NSW)).

When were these forms last amended by the Uniform Rules Committee?

These forms are version 3 of the NSW UCPR affidavit form (Form 40). This version became effective on 30 April 2012. Version 3 was approved by the Uniform Rules Committee to incorporate legislative provisions that became effective on 30 April 2012 which required witnesses to affidavits that are sworn or affirmed within NSW to certify as to the identity of the deponent.