How Much Does an Affidavit Cost in Australia?
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Swearing an affidavit can cost nothing at all. The witnessing is often free; the cost, when there is one, usually comes from somewhere else — a lawyer drafting the content, or the extra steps needed when the affidavit is going to a foreign court or authority.
So the useful question is not "what does an affidavit cost?" but "what is this particular affidavit for?" The answer decides who can witness it, whether anyone will charge, and how much of the bill is actually for the oath.
The swearing itself is often free
An affidavit is a written statement sworn or affirmed before a person authorised to take it. For an affidavit used in an Australian court or tribunal, the authorised people usually include Justices of the Peace and legal practitioners, and in some jurisdictions other office-holders as well. Who exactly may take an affidavit is set by each jurisdiction's law and the rules of the court that will receive it, and the lists differ between states and territories. Check the court's own guidance, or ask its registry, before you book anyone.
Within those lists:
- A Justice of the Peace is an unpaid volunteer. Where a JP is authorised to take the affidavit, it costs nothing.
- Your own solicitor, if you have one acting in the matter, will commonly arrange the swearing as part of the work. It is billed as part of their time, not as a separate "affidavit fee".
- Court registries in some jurisdictions have staff who can take affidavits for that court's proceedings. Whether this is available, and whether it is free, is for the registry to tell you.
If you are a party in an Australian proceeding and are paying for the swearing alone, check first whether a free witness would have done.
Where the real costs are
1. Drafting the affidavit
This is the big one. An affidavit is evidence. It can be read by the other side, relied on by the court and used to cross-examine you. For anything contested — family law, a property dispute, a deceased estate, a commercial claim — having a lawyer draft it or review it is where most of the money goes, and it is usually money well spent.
A lawyer's drafting fee depends on how much evidence there is, how many exhibits it attaches and how contested the matter is. It is a legal fee, set by the lawyer and disclosed to you, and it has nothing to do with who administers the oath.
Where the affidavit is simple and uncontested — a formal statement a court or registry has asked for — you may be able to prepare it yourself using the court's published form. If you are unsure whether yours is that kind, ask a solicitor before you swear it, because a sworn statement cannot simply be taken back.
2. Exhibits
Most affidavits attach documents. Each exhibit is normally marked and identified by a certificate signed by the person who took the affidavit. With a JP that is part of the same free appointment. With a notary or a lawyer, a long list of exhibits takes longer and may be charged accordingly. Bring the exhibits already in order and labelled; it saves time whoever is witnessing.
3. Filing
Some courts charge fees for filing documents or for the proceeding itself. Those are the court's fees, set and published by the court. They are not part of the cost of swearing an affidavit, but people often confuse the two when budgeting.
4. The affidavit is going overseas
This is where the witnessing itself starts to cost money. A foreign court or authority cannot check an Australian JP's appointment, and a JP's signature cannot be apostilled. For overseas use you need a notary public, whose signature and seal the Department of Foreign Affairs and Trade can authenticate.
An overseas affidavit is typically paid for in parts:
- The notary's fee for administering the oath, witnessing your signature and certifying the exhibits.
- DFAT's fee for the apostille, or for authentication where the destination is not a member of the Hague Apostille Convention. Membership changes; check the HCCH status table when you are acting.
- An embassy or consulate's fee for legalisation, only for non-member destinations.
- Translation, where the destination requires it.
- The foreign lawyer's fee for drafting it in the form their court requires, which is often the largest item.
Our page on how notarial fees are set explains how to get a quote that separates these, and our guide to notarising an affidavit covers the appointment itself.
"Affidavit" does not always mean an affidavit
A surprising number of people searching for affidavit costs have been asked for something that is not a court affidavit at all.
- A foreign body asks for an "affidavit" — of single status, of support, of name, of loss. In many countries "affidavit" simply means a sworn statement before a notary, used administratively. From Australia, that usually means a notary and DFAT, as above. Ask the body for its form or its exact wording.
- An Australian body asks for an "affidavit" when it would accept a statutory declaration. Declarations are for administrative purposes and can be witnessed free, or for many Commonwealth matters made digitally with no witness at all. If nobody has started legal proceedings, ask the body whether a statutory declaration will do — it is simpler and usually costs nothing. See our page on what a statutory declaration costs.
A quick way to decide
| What the affidavit is for | Who takes it | What you are likely to pay for |
|---|---|---|
| An Australian court, uncontested and simple | A JP or other authorised person | Usually nothing |
| An Australian court, contested | Usually arranged by your lawyer | Legal fees for drafting and advice |
| A foreign court or authority | A notary, then DFAT, possibly an embassy | Notary, DFAT, embassy, translation, and often a foreign lawyer |
| An Australian body that would accept a declaration | A JP or other authorised witness | Usually nothing |
Frequently asked questions
Can a JP witness my affidavit? For many Australian proceedings, yes, and free — but check the court's rules, because authorisations differ between jurisdictions and courts. For a foreign court, no: a JP's attestation cannot be authenticated for overseas use.
Why is the notary's quote more than I expected? Ask whether it covers only the oath, or also the exhibits, the DFAT step and any embassy step. They are separate charges, and exhibits add up.
Can I write my own affidavit? Sometimes, for a simple statement on a court's published form. For anything in a contested matter, get legal advice on the content first. The witness will not check what it says, and you are swearing that it is true.
Can I swear an affidavit by video? It depends on the rules of the court or authority receiving it. Confirm with them before booking a remote appointment.
