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ARTICLE · 21 SEPTEMBER 2022

What are the rules relating to Statutory Declarations in New South Wales?

What is a stat dec? What are the rules relating to making one? And what may be the consequences for making a false one?

AustraliaLitigation, Mediation & Arbitration

During your legal proceedings, you may have heard your lawyer, or the court, talk about a ‘statutory declaration'. Or you may have be asked to make one by an employer, an insurance company, or by a government department or agency.

But what is a statutory declaration? What are the rules relating to making one? And what may be the consequences for making a false one?

Here are the answers to those questions:

What is a statutory declaration?

A statutory declaration is a written statement which you swear, affirm or declare is true.

No one can make a statutory declaration on your behalf.

You must make your statutory declaration in the presence of an ‘authorised witness'.

There are two types of statutory declarations – Commonwealth, state and territory.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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