Who Can Receive Affidavits FAQ

 What are the classes of people before whom I can swear or declare an affidavit?
  • Any judge or the associate to any judge;
  • An Associate Judge of the Supreme Court or the associate to such Associate Judge;
  • An associate judge of the County Court or the associate to such associate judge;
  • A justice of the peace or a bail justice;
  • The prothonotary or a deputy prothonotary of the Supreme Court;
  • The registrar or a deputy registrar of the County Court;
  • The principal registrar or a registrar or deputy registrar of the Magistrates’ Court;
  • The principal registrar or a registrar or deputy registrar of the Children’s Court;
  • The registrar of probates or an assistant registrar of probates;
  • A senior member or ordinary member of the Victorian Civil and Administrative Tribunal who, immediately before the commencement of section 8.2.1 of the Legal Profession Act 2004, was the registrar or a deputy registrar of the Legal Profession Tribunal;
  • A member or former member of either House of the Parliament of Victoria;
  • A member or former member of either House of the Parliament of the Commonwealth;
  • A public notary;
  • A legal practitioner;
  • A police officer of or above the rank of sergeant or for the time being in charge of a police station;
  •  A person employed under Part 3 of the Public Administration Act 2004 with a classification that is prescribed for receiving affidavits**;
  • A senior officer of a Council as defined in the Local Government Act 1989;
  • A person registered as a patent attorney under Chapter 20 of the Patents Act 1990 of the Commonwealth;
  •  A fellow of the Institute of Legal Executives (Victoria).

**Please see the Evidence (Affidavits and Statutory Declarations) Regulations 2008 for details on the prescribed classifications, memberships and accounting bodies or associations.  

Registrars and Deputy Registrars of the Magistrates' Court of Victoria are available during normal business hours to receive affidavits.

Please note:
This list contains the persons who are accepted as authorised to receive affidavits for documents that are remaining within Victoria.
For any documents that are being sent interstate, it is best for them to be signed by a Justice of the Peace or a solicitor (lawyer).
For any documents that are being sent overseas, it is best for them to be signed by a Justice of the Peace or a Public Notary, depending on the country.
For example, Commonwealth countries will usually accept either one, but European countries will usually insist on the seal of a Public Notary.

Contacts

Contact the Magistrates' Court where your matter is listed or your nearest court. 
Contact details for all Victorian Magistrates' Courts are available under Contact Us

Email: help@magistratescourt.vic.gov.au