Affidavit proof of signature (non-divorce)

Service of a family law application is proved by an affidavit of service, by the respondent filing a notice of address for service or a response, or, where a lawyer accepted service, by a lawyer-signed acknowledgment (r 2.32(1) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021). Evidence about the identity of the person served may be given by another person (r 2.32(5)). Where the person served has signed an Acknowledgment of Service, this affidavit lets someone who knows their signature confirm it is theirs. The court's form page says it is used when proof of signature is needed to confirm service in family law proceedings other than divorce. The form's heading refers to rule 2.31(5); in the current rules, proof of service is dealt with by rule 2.32.

When you need it

• Documents in a family law case (not a divorce) were served and the person served signed an Acknowledgment of Service.
• You need to show the court the signature is genuinely that of the person served.
• For divorce applications use the Affidavit Proving Signature (Divorce) instead.

1. 1

   Filing details

   Tick the court division, give the name of the party it is filed for, the file number, and the name of the deponent and date of swearing or affirming.

2. 2

   Part A - the parties

   Each applicant's and respondent's family name (as used now) and given names.

3. 3

   Part B - about you

   Your name, gender, occupation and address.

4. 4

   Part C - the evidence

   Give the full name of the person who signed the attached Acknowledgment of Service. The form states you recognise the signature because you have seen that person sign that way on other occasions, so only make the affidavit if that is true.

5. 5

   Part D - swear or affirm

   Sign before a Justice of the Peace, notary public or lawyer, who prints their name and ticks their capacity. Attach the signed Acknowledgment of Service and complete the prepared by box.

• The court says to eFile the affidavit on the Commonwealth Courts Portal. If you cannot file online, file it at the registry where the matter is being heard.
• If you are not registered on the Portal or cannot see your file, the court's page explains how to use the enquiry form to get your client details.
• File it with the affidavit of service or other proof of service it supports, so the court has the full evidence of service (r 2.32).

• Attach the actual signed Acknowledgment of Service; the affidavit refers to it.
• The deponent should be someone familiar with the signature, not just the person who received the form back.
• Every page of an affidavit must be signed by the deponent and the witness (r 8.16(1)(d)).