Affidavit (General / Sworn Statement)

Issuing authority

All Australian state, territory, and federal courts (Federal Circuit and Family Court of Australia; Supreme, District and Magistrates Courts in each state and territory)

Official source

How to apply

1. Identify which court and jurisdiction your matter is in — each court has its own approved affidavit form; use the form from that specific court's forms page.
2. Download the relevant form: FCFCOA general federal law affidavit at fcfcoa.gov.au/gfl/forms/affidavit; FCFCOA family law affidavit at fcfcoa.gov.au/fl/forms/affidavit; NSW Form 40 at ucprforms.nsw.gov.au; WA Form 2 at magistratescourt.wa.gov.au; QLD courts at courts.qld.gov.au/about/forms.
3. Draft the affidavit body in numbered paragraphs, setting out facts only (not opinion) in the first person — 'I say that…'.
4. Attach any supporting documents as annexures, labelled in sequence (Annexure A, B, etc.) and referenced within the text.
5. Sign the affidavit in the presence of an authorised witness — a Justice of the Peace, solicitor, barrister, or court registrar — who also signs and states their authority.
6. File the affidavit and annexures with the court — most federal courts require electronic lodgment via eLodgment; state courts vary (in-person, eLodgment, or online portal).
7. Serve a copy on all other parties in the proceeding in accordance with the court's rules.
8. Retain a copy for your own records and any proof of filing (court seal or receipt).

Related topics

Related forms

• Statutory Declaration
• Small Claims — Magistrates Court
• Subpoena (Court Order for Documents or Witness)
• Application for Urgent Injunction
• Coroner's Inquest — Request for Investigation