Reminder of new requirements under the Oaths Act and Oaths Regulation 2011
From 30 April 2012, amendments to the Oaths Act and the Oaths Act Regulation 2011 require witnesses to certify certain matters relating to the identity of the deponent of an affidavit.
Consequently, the approved forms of affidavit (form 40) , and affidavit of service (form 41) under the Uniform Civil Procedure Rules 2005 (UCPR) have been amended to incorporate a certificate that complies with the new requirements.
The other Uniform Civil Procedure Rule forms that incorporate an affidavit have not yet been amended, but the requirement to certify the identity of the deponent still applies. To help practitioners adapt the remaining UCPR forms to comply with the new requirements, a form of jurat (the part of an affidavit for the signatures of the deponent and witness) that incorporates a certificate under the Oaths Regulation 2011 has been published: Witness Certificate under Oaths Regulation 2011
This jurat can be used by pasting it into any forms that include an affidavit to replace the existing jurat section. This jurat can also be used for affidavits that are not approved forms under the Uniform Civil Procedure Rules. For example, it may be inserted into prescribed forms under the Supreme Court Rules 1970 that are still in use, including Probate affidavits prescribed under those Rules.