The Oaths and Affirmations Act 2018 (“the Act”) comes into effect on 1 March 2019

The Oaths and Affirmations Act 2018 (“the Act”) comes into effect on 1 March 2019. This new stand-alone Act  contains provisions relating to oaths, affirmations, affidavits and statutory declarations, and replaces a number of provisions of the Evidence (Miscellaneous Provisions) Act 1958.

In particular, there are updated processes with respect to the preparation and execution of an Affidavit . From 1 March 2019, all Affidavits lodged with the Court will be checked in accordance with the requirements specified under the Act, in addition to those requirements outlined within the Court Rules.

Affidavits that do not comply may not be accepted for filing by the relevant Court Registry .

The new legislation may be found here. Information about the new legislation will be available on the Department of Justice and Community Safety website. A sample Supreme Court Trial Division Affidavit, as well as further information about drafting an Affidavit, may be found through the Preparing and filing documents page on our website.

Published on 28 February 2019