Signing of Affidavits in Victoria

There is a new Oaths and Declarations Act which started on 1 March 2019.

PDF Version available
here.
Please be aware of the requirements when signing Affidavits or Declarations and the requirements for witnessing them.

Renounce Executorship

The witnessing of Affidavits in Victoria can be completed by the following:

(a)     a judicial officer;
(b)     an associate to a judicial officer;
(c)     an honorary justice;
(d)     the prothonotary or a deputy prothonotary of the Supreme Court;
(e)     the registrar of probates or an assistant registrar of probates;
(f)     the registrar or a deputy registrar of the County Court;
(g)     the principal registrar, a registrar or a deputy registrar of the Magistrates’ Court;
(h)     the principal registrar, a registrar or a deputy registrar of the Children’s Court;
(i)     the principal registrar, deputy registrar or a registrar of VCAT;
(j)     the principal registrar or a registrar of the Coroners Court;
(k)     a member of VCAT;
(l)     a member or former member of either House of the Parliament of Victoria;
(m)    a member or former member of either House of the Parliament of the Commonwealth;
(n)     a public notary;
(o)     an Australian legal practitioner;
(p)     a police officer of or above the rank of sergeant or for the time being in charge of a police station;
(q)     a person employed under Part 3 of the Public Administration Act 2004 with a prescribed classification;
(r)     a senior officer of a Council as defined in the Local Government Act 1989 ;
(s)     a person registered as a patent attorney under Chapter 20 of the Patents Act 1990 of the Commonwealth;
(t)     a fellow of the Institute of Legal Executives (Victoria) ACN 004 670 928;
(u)     a person acting judicially;
(v)     any other officer or person empowered, authorised or permitted by or under any Act or rules of a court or rules of a tribunal to take affidavits;
(w)     any prescribed person or person who is a member of a prescribed class of persons.

(Reference: http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/oaaa2018214/s19.html)

Wollerman Shacklock Legal Services

Commercial Law

Conveyancing

Wills & Estates

CONTACT US

Wollerman Shacklock Lawyers

Suite 2, 8 Gloucester Avenue,
BERWICK, VIC 3806

Phone: +61 3 9707 1155
Fax: +61 3 9707 4834
Email: admin@wslegal.com.au