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Checklist - Statutory Declarations

The document provides a checklist for writing a statutory declaration, including what information should be included, how it should be written, attaching annexures, signing it, and keeping a copy. A statutory declaration is used to prove facts and certain details must be included such as the declarant's name, address, occupation and a statement that what is said is true.

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32 views

Checklist - Statutory Declarations

The document provides a checklist for writing a statutory declaration, including what information should be included, how it should be written, attaching annexures, signing it, and keeping a copy. A statutory declaration is used to prove facts and certain details must be included such as the declarant's name, address, occupation and a statement that what is said is true.

Uploaded by

bantolis
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Checklist: Writing a statutory declaration

You can print this checklist as it may help you when you need to write a statutory
declaration. This checklist relates specifically to statutory declarations. For tips on
writing skills and things to think about when writing any type of legal document,
see Checklist - Writing.

Tick on each box as you go.

Writing a statutory declaration

Should I make a statutory declaration?

A statutory declaration can be made by anyone who needs to prove the


existence of a fact or facts. Statutory declarations are not usually used in court
cases. For example, a stautory declaration can be used to prove that:

• a person that goes by two different names is the same person


• a person was not the driver of their car when it was involved in a traffic
offence
• a person can confirm the identity of another person.
Statutory declarations may be used in some tribunals as a way of giving
evidence, however this is rare. If you are not sure if you need to make a
statutory declaration, you should get legal advice.

What should be in the statutory declaration?

If you are making a statutory declaration, you are called the 'declarant'. Your
statutory declaration should contain:
• your full name
• your address
• your occupation
• a statement that you "do solemnly and sincerely declare"
• the things you say are true.
How should the statutory declaration be written?

When you write a statutory declaration, you should:


• only write things you know to be true
• write conversations in the first person (for example, I said "I'll take it",
or she said "I'll send it right over")
• only include information that is relevant
• write in numbered paragraphs
• number every page.

Include any annexures?

• If you want to include any documents as part of your statutory


declaration, you can attach them as annexures.
• Make sure that you give a brief description of what you are attaching in
the text of your declaration. For example, "on 29 December 2009, I
received an email from Mr Lennison. Annexed and marked 'A' is a copy
of that email".
• Each annexure can be identified by letters, such as "A", followed by "B".
• The annexure should clearly state that it is part of a statutory
declaration. The following could be added to the bottom of the first
page of each annexure:
"This is annexure [insert letter or number of annexure] to the
statutory declaration made by [insert name of declarant] on [insert
date declaration made]
• The witness does not need to sign the annexure.

Sign the statutory declaration

A statutory declaration must be witnessed by a solicitor or Justice of the


Peace.
• When you sign the statutory declaration, the witness should ask you
something like:
"Is that your name and handwriting and do you declare the contents
of this document to be true?".
• The witness may ask that you make the declaration holding a bible or
other religious text, but this is no longer a requirement.
• Make sure the witness includes details about how they confirmed your
identity.

Keep a copy

Make sure you keep a copy of your signed statutory declaration for your records.

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