Notarising an Affidavit in Australia

To notarise an affidavit in Australia, first obtain the receiving court's form and execution instructions. Take the unsigned affidavit, exhibits and acceptable identification to the notary. The notary administers the oath or affirmation, witnesses signing and completes the jurat. Use DFAT legalisation only if the receiving authority requires it.

Key takeaways

• For use in Australia, an affidavit usually does not need a notary: a JP or lawyer can often take it, depending on the court's rules.
• For use overseas, the receiving court may require a notary, but its written rules—not the destination alone—decide.
• Bring it unsigned and undated. Signing beforehand is the most common reason an affidavit has to be redone.
• The receiving court, not the notary, sets the wording, the jurat and the exhibit format.
• The notary attests that you swore and signed before them, never that what you wrote is true.

Do affidavits need to be notarised?

Not always. It depends on where the affidavit will be used.

For use in Australia, an affidavit is usually sworn before one of the people the relevant court or law allows to take affidavits. That commonly includes Justices of the Peace and lawyers, and a notary is one option among several rather than a requirement. Who qualifies differs between states, territories and courts, so check the rules of the court or body that will receive it. See notary or JP.

For use overseas, many courts and authorities require the affidavit to be sworn before a notary, but some specify another authorised witness or consular officer. Ask for written instructions covering the witness, jurat, exhibits and any legalisation. DFAT says a JP cannot certify documents for overseas use, but that does not mean every foreign affidavit automatically needs DFAT processing.

If the request concerns a foreign court, estate or arbitration, send the instructions to the proposed notary before booking. The receiving authority determines what it accepts.

An affidavit is sworn, not certified

A certified copy says "this copy matches the original I saw". An affidavit says "I swear that what I have written here is true", and the notary's role is to administer the oath or affirmation and witness you signing.

The notary's certificate records what occurred before the notary, including identification, the oath or affirmation and signing. It does not certify that every factual statement is true. A notary acting as witness does not become the deponent's legal adviser, although a lawyer who is also a notary may be separately retained for legal work where appropriate.

You choose between an oath, which is religious, and an affirmation, which is not. They have the same legal effect. Say which you want when you arrive, and if you want to swear on a particular holy book, ask beforehand whether the notary has one or whether you should bring your own.

Affidavit or statutory declaration?

These are not interchangeable.

• A statutory declaration is a formal written statement declared to be true. In Australia it is used administratively, for government departments, insurers and employers, and the witness is drawn from a prescribed list.
• An affidavit is evidence, made on oath or affirmation, for use in legal proceedings. It typically follows a form set by the court that will receive it.

Do not infer the document type from who requested it. Ask for the prescribed form or written instructions: a court may require an affidavit, while an agency may prescribe a statutory declaration or another statement. Both are serious and have different governing rules. See statutory declaration or affidavit.

Do not sign it before you arrive

This is the most common reason an affidavit has to be redone. Bring it unsigned. You sign in front of the notary, after being sworn. If you have already signed, the notary cannot honestly certify that you signed in their presence, and will either have you sign a fresh copy or decline. Leave the date blank too; the notary dates it on the day. See what to do if you already signed.

The wording is set by the receiving court, not by the notary

An affidavit sworn in Australia for an Indian, Emirati, English or US proceeding usually has to follow that jurisdiction's form: the heading, paragraph numbering, the jurat (the closing clause recording where, when and before whom it was sworn), whether pages must be initialled, and how exhibits are identified.

What the court's form may fix	What goes wrong if it is ignored
Heading and case details	The registry cannot match the affidavit to the proceeding
Numbered paragraphs in the first person	The affidavit may be refused or need reswearing
Jurat wording and place of swearing	A jurat naming the wrong place or officer is defective
Initials or signature on every page	Unsigned pages can be challenged as added later
How exhibits are marked and noted	Exhibits may not be admitted with the affidavit

So the order of operations is:

1. Get the draft from the lawyer or authority who asked for it, in their required form.
2. Read it and satisfy yourself that every statement in it is true. You are swearing to it.
3. Send the draft to the notary, with the requester's instructions on execution and exhibits.
4. Only then book the appointment.

A notary acting as witness can address execution and may flag a jurat that cannot accurately record the place or act. Questions about the substance, admissibility or drafting of evidence belong with a lawyer responsible for the proceeding. If a notary is also asked to provide separate legal services, clarify that scope before the appointment.

Exhibits

Affidavits often refer to supporting documents, but courts distinguish annexures and exhibits differently. For example, rule 29.02 of the current Federal Court Rules 2011 prescribes first-page certificates and specific signing rules. A foreign court may use another system, so follow its form rather than copying an Australian example.

Bring attachments in the required order and the number of sets requested. If the court requires a separately certified copy, say so when booking; that may be an additional notarial act requiring the original. See certified copies in affidavits.

At the appointment

1. Identification. Bring the identification the notary has approved, often a current passport for overseas work. Tell the notary in advance about any name difference and provide linking evidence if requested. See ID a notary will accept.
2. The notary reads the jurat and asks whether you wish to swear or affirm.
3. You are sworn, then sign each page where required, in front of the notary.
4. The notary signs and seals the jurat and each exhibit note.
5. The notary completes any required practice record for the act.

If you cannot read the affidavit or do not understand its language, tell the lawyer and notary before booking. The relevant rules may require an interpreter, special certificate or another procedure. The recipient may also specify interpreter qualifications or independence. See foreign-language documents.

If two people need to swear the same facts, the usual answer is two affidavits, each in the first person. Check the destination's rules, because some forms provide for joint deponents.

Can you get an affidavit online?

Two different things hide behind that search.

Getting the affidavit written. An affidavit is your evidence, in the form the receiving court requires. It should come from the lawyer or authority who asked for it, or be drafted by a lawyer acting for you. A notary is not your drafter, and a generic affidavit downloaded from a website is unlikely to follow a foreign court's form.

Getting it sworn remotely. Some Australian laws permit some affidavits to be witnessed by audio-visual link, but that permission does not automatically authorise every notarial act or make it acceptable overseas. The notary must confirm that the proposed act can be performed remotely, and the receiving court must accept the method. Obtain both answers before booking. See remote notarisation.

Apostille and legalisation

Legalisation is required only when the receiving authority asks for it. DFAT issues an apostille or an authentication certificate for eligible Australian public documents; it verifies the relevant signature, stamp or seal rather than the affidavit's truth. Which certificate and any later embassy step are recipient-specific. Check the HCCH status table, then follow the receiving authority's instructions and DFAT's current legalisation process. A notary does not issue Australian apostilles. Our apostille and authentication page covers that step.

Build this into your timetable. Court filing deadlines do not move because authentication took longer than expected.

Here is an illustration, not a real case

A Perth resident is a witness in a commercial dispute in England. The English solicitors send a draft affidavit with three exhibits and an English-style jurat. She reads it, corrects a date through the solicitors, and receives a clean version. She sends it to a notary, who notices the jurat says "sworn at London" and asks the solicitors to change the place. She attends with her passport, the unsigned affidavit and the exhibits in order. She affirms, signs each page as the form requires, and the notary signs and seals the jurat and three exhibit notes. DFAT then issues an apostille. The one wasted step she avoided was signing the draft at home when it first arrived.

What if you find an error after swearing?

Do not alter a sworn affidavit yourself. Tell the lawyer or receiving court immediately. Depending on its rules and the nature of the error, the remedy may be a fresh affidavit, a supplementary affidavit, or an application for the court to accept an irregularity. Any replacement must be executed as required, but it needs DFAT processing only if the recipient requires legalisation.

How much does notarising an affidavit cost?

Notaries set their own professional fees. The quote may include reviewing the execution instructions, administering the oath or affirmation, completing the jurat, handling annexures or exhibits, additional deponents, copies and urgent work. Legal advice or drafting, if separately requested and available, is a different service.

DFAT legalisation, consular processing, postage and courier charges are separate. Ask for an itemised quote after you know the number of deponents, pages, attachments and required legalisation route. See what an affidavit costs.

In short

For an overseas affidavit, obtain the receiving court's form and execution instructions, check the evidence and bring the document unsigned with its attachments and approved ID. Use the specified witness and follow the required oath, jurat and signing process. Add DFAT or consular steps only when the receiving authority requires them.

Related questions

• How much does an affidavit cost in Australia?
• What is the difference between an affidavit and a statutory declaration?
• How do I attach a certified copy to an affidavit?
• How does DFAT authenticate a notarised document?
• Which countries accept an apostille?

Have an affidavit for overseas use? Tell us the destination, receiving court, deadline, number of deponents and attachment count. You can provide the execution instructions through the secure method we confirm before sending sensitive evidence.