Affidavit Cost in Australia: When It Is Free, When It Is Not

Affidavit Cost in Australia: What You Pay For and When It Is Free

Table of contents

Swearing an affidavit in Australia can cost nothing: where a Justice of the Peace is authorised to take it, the witnessing is free. When there is a cost, it usually comes from somewhere else: a lawyer drafting the content, filing fees, or the notary, DFAT and embassy steps needed when the affidavit is going to a foreign court or authority.

Key takeaways

The oath itself is often free: a JP is an unpaid volunteer, and your own solicitor usually folds the swearing into their work.
The largest cost is almost always drafting. An affidavit is evidence, and for a contested matter a lawyer's time is where the money goes.
Filing fees belong to the court, not to the person who took the affidavit. People often confuse the two.
An affidavit for overseas use needs a notary, then DFAT, and sometimes an embassy. Each charges separately.
Many bodies that ask for an "affidavit" would accept a statutory declaration, which is simpler and usually free.

The question to ask first

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. Two people swearing affidavits in the same week can pay nothing and a substantial legal bill respectively, and both can be paying the right amount.

We do not quote figures on this page. Legal fees, notarial fees, court fees and DFAT's fees all change, and each is set by a different person or body. What follows explains what drives each one, so that you can ask for a quote that makes sense.

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 by 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. See notary or Justice of the Peace for where the line falls.

Only the overseas branch makes the witnessing itself a paid step. In the others, the cost, if any, is the lawyer's time.

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, such as family law, a property dispute, a deceased estate or a commercial claim, having a lawyer draft 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, such as 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. The person who takes the oath does not check what the affidavit says; you are the one swearing it is true.

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. If an exhibit is a copy that must itself be certified, see certified copies and affidavits.

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. Check the court's own fee schedule, and ask the registry whether you qualify for a fee exemption or reduction.

4. The affidavit is going overseas

This is where the witnessing itself may start to cost money. A JP is a domestic witness and is not automatically a substitute when a foreign court requires a notarial act capable of proceeding through DFAT legalisation. The foreign recipient decides what it accepts. Where it requires notarisation, use a notary public whose signature and seal DFAT can verify.

An overseas affidavit is typically paid for in parts:

The foreign lawyer's fee for drafting it in the form their court requires, which is often the largest item.
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, at the point in the sequence it specifies.

Ask the notary for a written quote that separates their own fee from DFAT's and any embassy's. What a notary costs explains how notarial fees are usually calculated, and notarising an affidavit covers the appointment itself.

Each step is charged by a different person or body. A single "affidavit price" hides which of them you are paying for.

"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, or 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 before anyone drafts anything.
An Australian body asks for an "affidavit" when it would accept a statutory declaration. Declarations are for administrative purposes and can be witnessed free, and for many Commonwealth matters they can now be made digitally without a witness. Check the Attorney-General's Department guidance. If nobody has started legal proceedings, ask the body whether a statutory declaration will do. It is simpler and usually costs nothing. See what a statutory declaration costs.

The difference matters beyond price. An affidavit is sworn evidence in proceedings; a statutory declaration is a written statement made under the relevant declarations law. Statutory declaration or affidavit sets out when each is used.

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

Four different people or bodies can charge for one affidavit. Only the top left box is about who takes the oath.

Can it be sworn by video?

It depends on the law governing the affidavit, the witness's authority and the rules of the court or authority receiving it. Permission for some Australian documents to be witnessed by audiovisual link does not automatically permit every notarial act. If the affidavit needs a notarial certificate, the notary must confirm that the particular act is legally and professionally permitted where they practise. For example, the Society of Notaries of NSW currently states that notaries cannot witness document signing by Zoom. The foreign recipient must separately confirm that it accepts a remotely sworn affidavit and the proposed certificate format.

Here is an illustration, not a real case

A Brisbane man is told by a relative's lawyer in India that he must provide an "affidavit" confirming he has no claim to a family property. He first asks whether the lawyer has a form. The lawyer sends one, in English, with a space for a notarial certificate. He takes it, unsigned, to a notary with his passport, swears it, and the notary certifies the one exhibit, a copy of his birth certificate, having sighted the original. DFAT then applies an apostille, after he checks the HCCH table and confirms India is a member. His costs were the notary's fee and DFAT's fee. Had he first paid an Australian lawyer to draft his own version, the Indian lawyer would likely have asked him to redo it on the form.

Questions to ask before you pay

Who is the affidavit for, and would they accept a statutory declaration instead?
Does the receiving court or authority have its own form or wording?
Is a JP authorised to take it for this court, or does it need a lawyer or notary?
How many exhibits are there, and are they originals or copies?
Does the notary's quote include DFAT and embassy charges, or only their own fee?

In short

An affidavit's oath is often free. What costs money is legal drafting, the court's filing fee, and, for overseas use, the chain of notary, DFAT and possibly an embassy. Work out what the affidavit is for, check whether a declaration would do, and ask for quotes that separate each charge. For a contested matter or a question about legal effect, see a solicitor.

Unsure which kind of statement you have been asked for? Send us the request, destination country, court or authority, number of exhibits and deadline so we can identify the witnessing, notarisation and legalisation steps before you book.

Frequently asked questions

Is it free to swear an affidavit in Australia?

Often, yes. Where a Justice of the Peace is authorised to take the affidavit for that court, the witnessing costs nothing. The costs that do arise usually come from drafting, filing or overseas steps.

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 apostilled or 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. These are separate charges, and a long list of exhibits adds time.

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.

Do court filing fees count as the affidavit cost?

No. Filing fees are set and published by the court and are charged for lodging documents or for the proceeding. They are separate from whoever administers the oath.

Why does an affidavit for overseas use cost more?

Because a foreign authority cannot check an Australian JP's appointment. You need a notary, whose signature and seal DFAT can then authenticate or apostille, and sometimes an embassy step and a translation. Each is charged separately.

Do I need an apostille on my affidavit?

If the destination is a member of the Hague Apostille Convention, usually yes, after the notary. If it is not, DFAT authenticates it and the embassy legalises it. Check the HCCH status table on the day, because membership changes.

Can a statutory declaration replace an affidavit?

Often, for administrative purposes where no proceedings have started. Ask the body that requested the affidavit whether a statutory declaration will do. It is usually simpler and free to witness.

Can I swear an affidavit by video?

Permission for some remote witnessing does not automatically permit every notarial act. The notary must confirm whether the particular act is permitted where they practise, while the court or receiving authority must separately confirm that it accepts the remote oath and certificate format.

How do I get a quote that makes sense?

Tell the notary or lawyer what the affidavit is for, where it is going, and how many exhibits it has. Ask for their fee to be listed separately from DFAT, embassy and translation charges.