Affidavits are widely used in Australia as a way for a person to give a written statement of their evidence in court. Because the essential part of an affidavit is that it must be sworn or affirmed, an affidavit is the written equivalent of a person giving oral testimony on oath from the witness box in court.
Some Australian courts will allow the use of witness statements instead of affidavits. Witness statements are usually written in the same way as affidavits. The essential difference is that, although a witness statement is usually signed by the person making it, no oath or affirmation is made.
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Statutory Declarations are also used in some court proceedings in Australia, usually in the field of intellectual property. A statutory declaration is not made on oath or affirmation, but must be signed before an authorised person.
Because Australia has a system of state and federal courts, it is essential to use the correct form of affidavit for the jurisdiction. While the forms are similar they are not identical, and there are some differences in the way the affidavit must be taken depending on the jurisdiction.
The categories of people who are authorised to administer the oath or affirmation are also different between jurisdictions and these categories may be different again if the affidavit is made outside the jurisdiction in which it is to be used.
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