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Australian law defines a statutory declaration as a written statement declared to be true in the presence of an authorised witness. The Statutory Declarations Act 1959 governs the use of statutory declarations in matters involving the law of the Australian Commonwealth, Australian Capital Territory, and other territories but not including the Northern Territory.
A person who has been admitted as an Australian lawyer by the Supreme Court of a State or Territory can witness a statutory declaration, whether or not they hold a practising certificate. [4] Other categories of people listed in Schedule 1 of the Regulations may also witness a statutory declaration. [5]
An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. [1] An affidavit may include,
A sworn declaration used in place of an affidavit must be specifically authorized by statute. The federal courts and a few states have general statutes allowing a sworn declaration in any matter where an affidavit can be used. [2] [3] In other cases, sworn statements are allowed for some purposes, but not others. [4]
Australian trust law is the law of trusts as it is applied in Australia. It is derived from, and largely continues to follow English trust law , as modified by state and federal legislation. A number of unique features of Australian trust law arise from interactions with the Australian systems of company law , family law and taxation .
Documentary evidence of a change of name can be in a number of forms, such as a marriage certificate, decree absolute (proof of divorce), civil partnership certificate, statutory declaration or deed of change of name. Such documents are mere evidence that a change of name has occurred and they do not themselves operate to change a person's name.
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Federal statutory authorities are established under the PGPA Act 2013. [1] "A statutory authority is a generic term for an authorisation by Parliament given to a person or group of people to exercise specific powers. A statutory authority can be established as a corporate Commonwealth entity or a non-corporate Commonwealth entity.
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