A General Affidavit is a written statement of facts sworn or affirmed by a person (the deponent) before an authorised witness such as a Justice of the Peace (JP), solicitor, or commissioner for declarations. In Australia, affidavits are the primary form of evidence in most court and tribunal proceedings. They are governed by the Evidence Act 1995 (Cth) in Commonwealth courts and by equivalent state legislation — the Evidence Act 1995 (NSW and Vic), the Evidence Act 1977 (Qld), the Evidence Act 1906 (WA), the Evidence Act 1929 (SA), the Evidence Act 2001 (Tas), the Evidence Act 2011 (ACT), and the Evidence (National Uniform Legislation) Act 2011 (NT).

An affidavit differs from a statutory declaration in its purpose and weight. A statutory declaration is used for administrative and official purposes outside of court proceedings and is made under the Statutory Declarations Act 1959 (Cth). An affidavit, by contrast, is specifically designed for use in court and tribunal proceedings. It has the force of sworn evidence and is subject to the law of perjury. The deponent can be cross-examined on the contents of their affidavit if called to give evidence.

The document itself consists of three main parts: the body (the statement of facts set out in numbered paragraphs), the jurat (the formal certification block signed by the deponent and witness confirming that the affidavit was properly sworn or affirmed), and any annexures (documents attached and referred to within the affidavit, marked with identifying letters).

An affidavit may be sworn on a religious text or affirmed without religious text. Both have equal legal force under Australian evidence legislation. A person who makes a false affidavit is liable for perjury, a serious criminal offence that carries a penalty of imprisonment in all Australian jurisdictions.

Affidavits are used in virtually every area of Australian court practice: civil litigation, family law proceedings (under the Family Law Act 1975 (Cth)), migration tribunal hearings, employment tribunal proceedings before the Fair Work Commission, administrative review before the Administrative Appeals Tribunal, and commercial arbitration. Court-specific filing requirements (page limits, font size, formatting) apply in each jurisdiction and should be observed when filing affidavits in formal proceedings.

A General Affidavit is needed whenever you are required to provide sworn or affirmed evidence in a court, tribunal, or formal legal proceeding in Australia. The range of situations requiring an affidavit is broad.

Civil litigation in the Federal Court of Australia, the Federal Circuit and Family Court of Australia, state Supreme Courts, District Courts, and Local Courts routinely requires affidavit evidence. Applications for interlocutory injunctions, summary judgment, default judgment, and other interlocutory relief must almost always be supported by an affidavit setting out the relevant facts. In contested matters, each party's evidence is typically filed in affidavit form before the hearing.

Family law proceedings under the Family Law Act 1975 (Cth) require affidavits for parenting disputes, property settlement applications, and applications for urgent orders. The Family Law Rules 2021 set out specific requirements for affidavits filed in family law matters, including word limits and requirements about the nature of content.

Tribunal proceedings before the Administrative Appeals Tribunal (AAT), the National Anti-Corruption Commission (NACC), the Fair Work Commission (FWC), the Australian Human Rights Commission (AHRC), and state administrative tribunals (such as NCAT in New South Wales, VCAT in Victoria, QCAT in Queensland, SAT in Western Australia, and SACAT in South Australia) regularly require or accept affidavit evidence.

Migration proceedings before the Administrative Appeals Tribunal's Migration and Refugee Division frequently require affidavits about personal circumstances, country conditions, or factual matters relevant to visa applications or cancellations.

Probate applications in state Supreme Courts require affidavits verifying the identity of the deceased, the authenticity of the will, and the applicant's entitlement to a grant of probate or letters of administration.

Commercial and property disputes, including disputes about contracts, leases, intellectual property, and company affairs, require affidavit evidence when litigated in court. Affidavits are also used in interpleader proceedings, garnishee proceedings, and enforcement proceedings.

Insolvency proceedings under the Corporations Act 2001 (Cth) and the Bankruptcy Act 1966 (Cth), including applications to wind up companies, appoint liquidators, or set aside preferences, require affidavit evidence filed with the Federal Court or the relevant Supreme Court.

A valid Australian affidavit must contain specific elements to be accepted by courts and tribunals.

The deponent's identifying information must appear at the beginning of the affidavit: full legal name, residential or business address (street, suburb, state, and postcode), and occupation. This information establishes the identity of the deponent and may be relevant to their credibility and the weight given to their evidence.

The introduction formula states that the deponent makes oath and says, or solemnly and sincerely affirms. This formula reflects whether the deponent has chosen to swear on a religious text (oath) or affirm without religious text (affirmation). Both have equal legal force under the Evidence Act 1995 (Cth) and equivalent state legislation.

The statement of facts is the substantive content of the affidavit. Each paragraph should deal with one distinct fact or related group of facts and be numbered sequentially. Facts within the deponent's direct knowledge should be stated as direct facts. Facts based on information and belief should be stated as such: 'I am informed by [person] and believe that...'. The source of information and the grounds for belief should be stated. Inadmissible evidence (such as hearsay that is not otherwise admissible under the Evidence Act 1995) should generally be avoided in affidavits filed in proceedings.

Annexures are documents attached to the affidavit and referred to within it. Each annexure must be identified by a letter (Annexure A, Annexure B, etc.) and referred to in the body of the affidavit. The witness must sign each annexure and mark it with the words 'This is Annexure [letter] referred to in the affidavit of [deponent's name] sworn/affirmed before me on [date].'

The jurat is the formal certification block that appears at the end of the affidavit. It records where and when the affidavit was sworn or affirmed, the deponent's signature, and the witness's signature, name, qualification, and address. The jurat authenticates the affidavit and is essential for its admissibility.

The authorised witness must be qualified to witness affidavits in the relevant jurisdiction. In Commonwealth courts, a JP, solicitor, barrister, or notary public can witness an affidavit. State courts may have different requirements — refer to the relevant court's rules. The witness must be present when the deponent signs, must not be a party to the proceedings, and must not have a conflict of interest.