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Template

Affidavit

An affidavit is how you give evidence in writing. In most civil matters the court reads the evidence before the hearing, so this document does more work than anything you say on the day.

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What it is, and what it is not

An affidavit is a written statement of facts that you swear or affirm to be true, signed in front of an authorised witness, with the documents you rely on attached to it. It is evidence.

It is not where you argue your case. Argument belongs in submissions, which are a separate thing. Mixing the two is the most common mistake in a self-represented affidavit, and it makes the facts harder to find, which is the opposite of what you want.

An affidavit is sworn or affirmed evidence. Knowingly saying something untrue in one is a serious offence. Only include what you know to be true, and be careful to mark anything you were told by someone else.

Part by part

What each piece is doing

[NAME OF COURT]
[Registry]
No. [case number] of [year]
The heading Copy this exactly from a document already filed in your case, such as the one you were served with. The case number is how the registry finds your file, and getting it wrong can mean your affidavit never reaches the judge.
BETWEEN: [the party who started the case]
Plaintiff / Applicant

AND: [the other party]
Defendant / Respondent
The parties Names in full, spelled as they appear on the originating document, including a company's ACN. Use whichever pair of labels your court uses. Do not invent new descriptions for people.
I, [your full name], of [your address], [your occupation], say on oath / affirm:
The opening Swearing is on a religious text, affirming is not. They carry identical legal weight, so choose whichever you are comfortable with and delete the other.
1.  I am the defendant in this proceeding.

2.  The facts in this affidavit are within my own knowledge, except where I say they are from information and belief, in which case I identify the source.
Who you are, and how you know Two paragraphs that almost every affidavit opens with. The second one matters: it tells the court how to weigh everything that follows, and it protects you when part of your account came from somebody else.
3.  On 4 March 2026 I received a letter from the plaintiff's solicitors demanding payment of $18,400.

4.  Annexed and marked “AB-1” is a copy of that letter.
The body One fact per numbered paragraph, in date order, in plain language. Short paragraphs are read. Long ones are skimmed. Every document you rely on gets attached, marked with your initials and a number, and referred to in a paragraph like the one above.
5.  I am informed by my accountant, Jane Smith, and believe, that no such invoice was ever issued by the company.
Things you were told If a fact did not come from your own knowledge, say who it came from and that you believe it. Presenting somebody else's account as your own is the fastest way to have a paragraph struck out and your credibility questioned.
[Sworn / Affirmed] by the deponent
at [place] on [date]

Before me:

..............................   ..............................
Signature of witness     Signature of deponent
The jurat The part that makes it an affidavit rather than a letter. You must sign it in front of an authorised witness, usually a solicitor or a justice of the peace, and they sign at the same time. An affidavit that is not properly witnessed may not be accepted.

The difference between a useful one and a wasted one

What courts read, and what they skip

Do

  • Number every paragraph, and keep each to one fact.
  • Put events in the order they happened.
  • Attach the documents. A dated letter is worth more than a page of recollection.
  • Name the source of anything you were told.
  • Keep it as short as the facts allow.
  • Say plainly at the end what you are asking the court to do.

Do not

  • Argue. No submissions, no law, no what the other side deserves.
  • Editorialise. Adjectives about how outrageous it all is cost you credibility rather than earning sympathy.
  • Attach everything you own. Attach what matters and nothing else.
  • Overstate. One exaggeration makes every other paragraph worth less.
  • Accuse anyone of anything you cannot prove with a document.
  • Leave a single square bracket from the template in the filed version.

After you have written it

  1. Read it once looking only for argument, and delete what you find.
  2. Check every annexure is attached, marked, and mentioned in a numbered paragraph.
  3. Sign it in front of an authorised witness. Do not sign it beforehand.
  4. File it with the court and serve a copy on the other side. Those are two separate steps and both are required.
  5. Keep a copy, and have it open at the hearing.

This page is general information about how affidavits work in Australia. It is not legal advice, and courts differ in their forms and requirements. Check your own court's rules before filing, and where they and this page disagree, the rules win.

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