Stat Dec

[joeboss]

hi all,
what do i have to write in a statuory decerlation?

I have to write one from my old room mate as i moved out of the house in the gold coast with lease remaining and have to write one for the real estate agent.
thanks

[RIDE:42]

get it witnessed by a jp most chemists are jp`s

[OscarTheGrouch]

Visit your local Australia Post shop, they can sell you a kit which has everything you need - http://www.auspost.com.au/BCP/0,1080,CH2491%257EMO19,00.html and scroll down to the write your own statutory declaration book. Not sure on price. Edit - duh! Scrolled down the page a bit, it's only $2. Bargain.

And yes, you'll need to get it witnessed by a JP - you can usually find them at bank branches, post offices, and places like that. If you ask at the post office when you buy your kit, someone there will most likely point you in the right direction.

[VooDoo]

Note, its illegal to be charged for a JP's time to witness something. They have to do it for free.

[AussieTone]

Try this link for Stat Dec templates for various States

https://www.docdownload.com.au/document/group.psp?group=legal,12918

Hope that helps.

[joeboss]

also im in sydney but the stat dec is for my old real estate agent in qld, so will i need a qld or nsw one?

[Smitty]

also im in sydney but the stat dec is for my old real estate agent in qld, so will i need a qld or nsw one?

NSW one....
the dec is based on the laws of the state in which you do it.....
not where it ends up........(which could be anywhere)


and yes they must be authorised ot witnessed for free...
It is an offence (here in Vic) under the Evidence Act 1958 to charge a fee
for witness a stat dec....

hth

[IH8WRX]

also im in sydney but the stat dec is for my old real estate agent in qld, so will i need a qld or nsw one?


Bud you will need a Q.L.D one. As the above post correctly states, it's only applicable in the state which it's from, not where it ends up and has no power in other states or territories. If you need a Q.L.D. champ, let me know and I'll grab one and shoot it down to you. Only problem will then be getting a JP to sign it as you would need to do that in person in Q.L.D. tho, unless you attached a letter giving me permission to get it signed on your behalf, but even then I'm not sure it would work.

[Smitty]

sorry guys...you may have misunderstood....

the stat dec is written and witnessed in NSW under NSW law
and provided it is done so properly, the dec will be valid in Vic or Qld...
or wherever (but NOT overseas)

so no, don't jump a plane............to QLd
unless its for a holiday :lol:

[IH8WRX]

sorry guys...you may have misunderstood....

the stat dec is written and witnessed in NSW under NSW law
and provided it is done so properly, the dec will be valid in Vic or Qld...
or wherever (but NOT overseas)

so no, don't jump a plane............to QLd
unless its for a holiday :lol:


I tried this last year and they refused to accept it in Q.L.D. so I had to start all over again. Don't you just love the ins and outs of the law :confused:

[Smitty]

hmmmmmmmmmm...
I know affidavits are valid only in the state of issue
but
thought stat decs are valid in all......
from memory....
thats what the stuff I have from the Vic Attorney Generals office says
...might ask em... as a refresher.....

oh
and you might have guessed....
coz we no longer have JPs here in Vic
I am a person authorised under the Victorian Evidence Act 1958
to witness statutory declarations.....

[joeboss]

Thanks for the help but I spoke to the real estate agent and its cool now I dont need one, a problem at their end, I never needed one

thanks again