Australia

How to complete a Supreme Court of Western Australia affidavit form

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This page explains how to complete an affidavit form for use in the Supreme Court of Western Australia in compliance with the Rules of the Supreme Court 1971 (WA) (RSC) and the Consolidated Practice Directions (the CPD).

Before you begin, you may wish to download an affidavit form for the Supreme Court of Western Australia.

Headings

The names of the parties and case number should be filled out in the headings in the places indicated. If the affidavit is filed in a defamation act, the Commercial and Managed Cases List (CMC List) or in the Court of Appeal, additional identifying information must be included in the headings: see CPD 1.2.1.

Affidavit must be made by deponent speaking of their own knowledge

An affidavit for use in the Supreme Court of Western Australia must be confined to such facts as the deponent is able of their own knowledge to prove (r 36(6)(1) RSC).

There are exceptions for interlocutory proceedings and in certain other circumstances, although conditions apply (see r 36(6) RSC).

Text of the affidavit

The affidavit must be made in the first person (r 379(2)(1) RSC).

The opening lines of the affidavit provide for the person making the affidavit to insert their residential address and occupation. The address must be the residential address – a business address cannot be used (r 37(2)(1) RSC).

If the person making the affidavit does not have an occupation their description must be stated instead (r 37(2)(1) RSC). Some examples of the kinds of descriptions that can be used are “housewife,” “househusband,” “an unemployed person,” “retiree” etc. Vague occupations or descriptions must not be used (r 37(2)(1) RSC).

If the person making the affidavit is a party to the matter in which the affidavit is sworn, or is employed by a party, the affidavit must state so (r 37(2)(2) RSC). For example, the first numbered paragraph of the affidavit could state:

1     I am employed by the plaintiff on a part-time basis in its accounts department, three days per week.

The body of an affidavit must be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject (r 37(2)(3) RSC). In practise, this means that each paragraph should contain no more than 2-3 sentences.

Dates, amounts and numbers must be expressed in figures and not in words (r 37(2)(4) RSC). For example you should write “54 days” not “fifty four days.

Attachments and exhibits to affidavits for the Supreme Court of Western Australia

Documents used with an affidavit are usually called attachments because they are attached to the affidavit, with the page numbering continuing consecutively after the jurat page. However documents of an unusual size must not be attached. They must be made exhibits instead.

Detailed rules apply to the use of attachments and exhibits. These rules are set out in O 37 r 2 and r 9 of the RSC.

If the affidavit uses one or more attachments, an index which refers to the affidavit and lists each attachment, its page numbers and a short description of it, must be in the affidavit (O 37 r 2(7). The template includes such an index. The index should be deleted if attachments are not used.

Swearing or affirming the affidavit

The affidavit must be sworn or affirmed before an authorised witness in the manner required by the Oaths, Affirmations and Statutory Declarations Act 2005 (WA) (OASDA) came into operation on 1 January 2006.

If the person making the affidavit is blind or illiterate, the authorised witness for the document must certify on the affidavit that the affidavit was read aloud to the person (which must be done by the authorised witness or in their presence) and that the authorised witness is satisfied that the person understood what was read aloud (s 13 OASDA).

A form of words for this certification would be to add them following the authorised witness’s description in the jurat. For example:

Before me, [insert name of authorised witness], a legal practitioner who has held a practice certificate for at least 2 years and who holds a current practice certificate. I certify that I read this affidavit aloud to [insert name of person making affidavit] and that I am satisfied that [he / she] understood what was read aloud.

Western Australia Supreme Court affidavit template

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This page has a free blank affidavit template for use in the Supreme Court of Western Australia under the Rules of the Supreme Court 1971 (WA).

Please read the information on this page before downloading the form below.

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

About this WASC affidavit template

This Supreme Court of Western Australia affidavit form has been designed to help you create a good looking affidavit using a form that is easy to work with and which complies with the rules of court. The layout is easy to read in print and electronic form, and the template has its own bespoke, auto-numbering for paragraphs.

This template is in accordance with orders 37 and 39 of the  Rules of the Supreme Court 1971 (WA) (RSC) and practice direction 1.2 of the Consolidated Practice Directions (the CPD). The RSC and CPD provide additional requirements in certain circumstances.

In compliance with the CPD and RSC, this basic template has:

  • provision for the affidavit to be titled in the cause or intended cause (O 37 r 1 RSC);
  • consecutively numbered paragraphs (O 37 r 2(3) RSC);
  • consecutively numbered pages, with the numbers being in the top right hand corder (O 37 r 2(6) and O 69 r 2(1)(e) RSC);
  • provision for an index, which must be used if the affidavit has attachments (O 37 r 2(7) RSC);
  • a space of not less than 6mm between each line (O 69 r 2(1)(b) RSC);
  • a margin of not less than 40 mm on the left hand side of each sheet(O 69 r 2(1)(d)(i) RSC);
  • shown on the first sheet the heading and title of the proceeding and a short description of the document (including the name of the deponent and the purpose for which the affidavit is filed) (O69 r 2(1)(h) RSC and 1.2.1(3) CPD); and
  • the date of the document, name of the party, address and service details in a space not longer than 50mm (O69 r 2(1)(h) RSC and 1.2.1(7) CPD).

Use of this free template is subject to our terms and conditions.

Download a free Supreme Court of Western Australia affidavit form

Western Australia Supreme Court Affidavit Form

Further reading

How to complete a Supreme Court of Western Australia affidavit form

Affidavits in Australia

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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.

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.

Queensland UCPR affidavit template

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This page has a free blank affidavit template for use in under Queensland Uniform Civil Procedure Rules. The Qld UCPR apply in the Supreme Court, District Court and Magistrates Courts of Queensland.

Please read the information on this page before downloading the form below.

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

About this Qld UCPR affidavit template

This Qld UCPR affidavit form has been designed to look good, be easy to work with and and to comply with the rules of court. The layout is easy to read in print and electronic form, and the template has its own bespoke, auto-numbering that actually works and looks lovely.

This template is in accordance with UCPR Form 046, which is the approved form required by r 431(1) of the Uniform Civil Procedure Rules 1999 (Qld).

The affidavit template is a combination of two forms: Form 1, which is the coversheet form for all court documents, and Form 33, which is the affidavit form. The template has a page break between the two forms as the rules of court require.

Because the template complies with the relevant rules of court, this means that it has:

  • clear margins no smaller than 10mm on the top, bottom and right sides (r 961(c) UCPR);
  • a margin on the left side of the document wide enough for the seal of the court to be stamped on it (r 961(d) UCPR);
  • type no smaller than 1.8mm (10 point) (r 961(e)(i) UCPR); and
  • numbered pages (r 431(6) UCPR).

Use of this free template is subject to our terms and conditions.

Download a free Qld UCPR affidavit form

UCPR Qld Affidavit Form

Further reading

How to complete a Qld UCPR affidavit form

How to complete a Qld UCPR affidavit form

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This page explains how to complete an affidavit form for use in the Supreme Court, District Court or Magistrates Courts of Queensland, in compliance with the Uniform Civil Procedure Rules 1999 (Qld) (UCPR).

Before you begin, you may wish to download an affidavit form for the Qld UCPR (Form 46).

Affidavit must be made by deponent speaking of their own knowledge

The affidavit must be confined to the evidence the person making it could give if giving evidence orally (r 430(1)) ie matters within their own knowledge.

There are exceptions for interlocutory proceedings or for affidavits for use in an application because of default. Conditions apply (see r 430(2)).

Text of the affidavit

The affidavit must be made in the first person (r 431(3)).

The body of an affidavit must be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject (r 431(5)). In practise, this means that each paragraph should contain no more than 2-3 sentences.

Dates, amounts and numbers may be stated in figures and not in words (r 962). Using figures is the usual way of stating such things in an affidavit (eg “54 days” not “fifty four days).

Exhibits to Qld UCPR affidavits

Documents and other things that are used with and mentioned in Queensland UCPR affidavits are called exhibits. Detailed rules apply to the use of exhibits, including explaining how these must be marked, certified, bound and paginated. These rules are set out in r 435.

Swearing or affirming the affidavit

An affidavit must be made before an authorised person to whom the maker of the affidavit (the deponent) swears or affirms his or her honest belief in the truth of the contents of the affidavit. Section 41 of the Oaths Act 1867 (Qld) sets out who an authorised person is for the purpose of taking affidavits in for the UCPR Qld.

When the affidavit is sworn or affirmed, each page must be signed by the deponent and the witness (r 432(1)). Initials are not sufficient. Full signatures must be used.

Illiterate deponent

If the authorised person taking an affidavit considers that the deponent is incapable of reading the affidavit, the person taking the affidavit must read or otherwise communicate the affidavit to the deponent. The authorised person should only take the affidavit if the deponent seemed to understand the affidavit and signified that they made the affidavit (r 433(1)).

In the last part of the jurat the authorised person should put the following text after the “capacity of witness” field:

“who certifies that the affidavit was read in the presence of the deponent who seemed to understand it, and signified that that person made the affidavit.”

Deponent unable to sign affidavit

If the authorised person taking an affidavit considers that the deponent is physically incapable of signing it, the person taking the affidavit must ensure the affidavit is read or otherwise communicated to the deponent (the deponent may be able to read it themselves in some circumstances). The authorised person should only take the affidavit if the deponent seemed to understand the affidavit and signified that they made the affidavit (r 433(2)).

In the last part of the jurat the authorised person should put the following text after the “capacity of witness” field, adjusted for the particular circumstances as necessary:

“who certifies that the affidavit was read in the presence of the deponent who seemed to understand it, and signified that that person made the affidavit, but was physically incapable of signing it.”

Alterations after the affidavit is sworn or affirmed

The contents of an affidavit cannot be altered after it has been sworn or affirmed. However handwritten interlineations, erasures or other alterations can be made to the text of an affidavit before it is sworn or affirmed. These must be initialled by both the person making the affidavit and the person witnessing it.

Footers to the pages of the affidavit

The footer for the first page of the affidavit should be as per the first page of the template: ie it should contain panels for the signature of the deponent and witness, the page number and the details of the filing party.

The footer for the second and subsequent pages except the last should be as per the second page of the template: ie they should contain the signature panels and the page number. The footer for these pages will be automatically generated by the precedent.

The footer for the final page does not need the signature panels but does need the page number (this is because the jurat will appear on that page with the signatures of the deponent and witness). To make this happen, place a section break at the top of the final page and edit the footer just for that section to remove the signature panels.