The Affidavit of Knowledge is a crucial legal instrument in the Australian legal system, used when an individual needs to formally declare facts or information within their personal knowledge. This document type is commonly required in court proceedings, administrative hearings, regulatory submissions, and various legal matters where sworn written testimony is necessary. The affidavit must be prepared in accordance with relevant state or federal legislation, including the Evidence Act 1995 and various state-specific Oaths Acts. It requires proper execution before an authorized witness and must contain only factual information that the deponent can personally attest to. An Affidavit of Knowledge differs from other affidavits in that it specifically focuses on facts directly known to the deponent, rather than beliefs or second-hand information.
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1. Title and Court Details: Identifies the court, matter number if applicable, and parties involved
2. Deponent Details: Full legal name, occupation, and address of the person making the affidavit
3. Oath/Affirmation Statement: Standard declaration confirming the truth of the statements that follow
4. Background and Capacity: Establishes the deponent's relationship to the matter and basis for having the knowledge
5. Statement of Facts: Numbered paragraphs containing the substantive knowledge being sworn to
6. Truth Declaration: Final statement affirming the truth of all contents
7. Execution Block: Space for signature, date, and authorized witness details
1. Preliminary Matters: Additional context or jurisdictional information when required by specific courts
2. Belief Statements: Section specifically identifying statements made on information and belief rather than direct knowledge
3. Expert Qualifications: Detailed professional qualifications when the affidavit involves expert testimony
4. Document References: List and explanation of documents referred to in the affidavit when numerous documents are involved
5. Interpreter Declaration: Required when the deponent needs an interpreter to understand the affidavit
1. Annexure Certificate: Cover page for each annexed document, identifying it as part of the affidavit
2. Document Exhibits: Copies of relevant documents referenced in the affidavit, marked as exhibits
3. Supporting Evidence: Additional documentation supporting the statements made in the affidavit
4. Chronology: Timeline of events when relevant to understanding the knowledge being sworn to
5. Reference List: Index of all annexed documents and exhibits when multiple attachments are included
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