Is a stat dec binding?
Is a stat dec binding?
Is a statutory declaration a legally binding document? The use and processing of statutory declaration is protected by Commonwealth and State or Territory legislation. The person declaring a statutory declaration is making a factual statement that can be verified by a court.
Does a statutory declaration expire?
Your statutory declaration is valid as long as the information in it is true. You cannot revoke a statutory declaration. If you need to change a statutory declaration because the facts have changed, you should write a new one.
What does a stat dec need to say?
your address. your occupation. a statement that you “do solemnly and sincerely declare” the things you say are true.
Can family sign stat dec?
Can an immediate family member witness my statutory declaration? If the family member falls within a class of persons authorised to witness a Commonwealth statutory declaration, the family member can witness your statutory declaration.
What is the difference between affidavit and statutory declaration?
Difference between a statutory declaration and an affidavit A statutory declaration and an affidavit are both written statements of fact. However, an affidavit is used as evidence in court. You confirm it by oath or affirmation. If you need an affidavit, contact the court involved in your legal matter.
Can a JP decline to witness an affidavit?
If the person chooses not to remove his/her face covering, you must decline to witness the statutory declaration, unless you are satisfied that the person has a ‘special justification’ (which means a legitimate medical reason) for not removing the face covering.
What must a JP do when providing JP services?
Justices of the Peace (JPs) are volunteers appointed by the Governor of New South Wales. The primary roles of a JP are to witness a person making a statutory declaration or affidavit, and to certify copies of original documents. JPs come from all sections of the community and are available across NSW.
Can a relative witness a deed?
Who can be a witness to the signatory of a deed? A witness should not be the signatory’s spouse or partner or a family member, and should not have a personal interest in the provisions of the document. Case law has confirmed that a party to the document cannot act as a witness to another party’s signature.
Can my wife witness a signature?
The purpose of the witness is to provide impartial evidence of the signing of the document. Under usual circumstances we would recommend against a signatory’s spouse, civil partner, co-habitee or other close family member from acting as a witness.
Who is an Authorised witness?
An authorised witness can include someone such as a doctor, teacher, pharmacist, bank officer or a vet. You can find a copy of the Commonwealth Statutory Declaration form on the tour guides page of the ADS website as well as on the Attorney-General’s Department website.