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The declaration may be used in connection with matters of law, including judicial proceedings, but what weight is given to the declaration is a matter for the judge to decide. Statutory declarations must be made in a prescribed form and witnessed by a person as specified in the Statutory Declarations Regulations 2023.
A sworn declaration used in place of an affidavit must be specifically authorized by statute. The federal courts and a few states have general statutes allowing a sworn declaration in any matter where an affidavit can be used. [2] [3] In other cases, sworn statements are allowed for some purposes, but not others. [4]
An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. [1] An affidavit may include,
In practice, and purely for convenience, a copy may usually be certified by a person who is able to witness a statutory declaration under federal legislation about Statutory Declarations. A person who has been admitted as an Australian lawyer by the Supreme Court of a State or Territory can witness a statutory declaration, whether or not they ...
SI — Statutory instruments; S/J — Summary judgment; SMJ — Subject-matter jurisdiction; So. — Southern Reporter; So. 2d — Southern Reporter, 2nd Series; SOL — Statute of Limitations; SOR — Statutory Orders and Regulations; S.R.R. — Sacræ Rotæ Romanæ, the Tribunal of the Roman Rota; SRRDec — Sacræ Rotæ Romanæ Decisiones [5]
The term pro forma (Latin for "as a matter of form" or "for the sake of form") is most often used to describe a practice or document that is provided as a courtesy or satisfies minimum requirements, conforms to a norm or doctrine, tends to be performed perfunctorily or is considered a formality.
It must be signed by a solicitor who is forming the company, or by one of the people named as a director or company secretary on Form 10. It must be signed in the presence of a commissioner for oaths, a notary public, a justice of the peace or a solicitor. There is usually a £5 fee payable to the person that witnesses the statuary declaration.
An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu thereof, and for the more entire, Suppression of voluntary and extra-judicial Oaths and Affidavits. (Repealed by Statutory Declarations Act 1835 (5 & 6 Will. 4. c. 62))