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Victorian Affidavits

Affidavits are most commonly used in legal proceedings. They are made in writing and the person making the affidavit must take an oath or make an affirmation that they believe the contents are true and correct. An affidavit can only be made by a natural person.

Affidavits for use in Victoria may be witnessed by:

any Judge or the Associate of any Judge, a Master of the Supreme Court or of the County Court or the secretary of such a Master, a Justice of the Peace or a Bail Justice, the Prothonotary or a Deputy Prothonotary of the Supreme Court, the Registrar or a Deputy Registrar of the County Court, the Principal Registrar of the Magistrates' Court, the Registrar or a Deputy Registrar of the Magistrates' Court, the Registrar of Probates or an Assistant Registrar of Probates, a member or former member of either House of the Parliament of Victoria, a member or former member of either House of the Parliament of the Commonwealth, a Notary Public, any solicitor who holds a current practicing certificate under the Legal Profession Practice Act 1958, a member of the police force of or above the rank of sergeant or for the time being in charge of a police station, a person who holds an office in the public service (of Victoria) that is prescribed as an office of which the holder may receive affidavits (these are listed in the Evidence (Affidavits and Statutory Declarations) Regulations 1990 as amended), a senior officer of a council, a person registered as a Patent Attorney under Part XV of the Patents Act 1952 of the Commonwealth, a fellow of the Institute of Legal Executives (Victoria).

Affidavits for use in Victoria, but completed outside the State may be witnessed by a Justice of the Peace in another State or of any part of Her Majesty's dominions (when taken in that place) or by Australian consular officers or certain diplomatic officers of any part of Her Majesty's dominions.

Once completed and signed before the authorised witness, the person making the affidavit would normally hold the bible or the new or old testament or the Koran or other holy book in his or her uplifted hand and say words to the following effect - "I swear by almighty God that this is my name and handwriting, and that the contents of this my affidavit, are true and correct in every particular (and if there are exhibits), and these are the exhibits referred to therein."

The witness must type, write or stamp their name and address below their signature.

An affirmation has the same legal effect as an affidavit, but is not taken on the bible and does not refer to God.

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