Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Statutory Declaration (NSW)
A statutory declaration is a written statement made by a person before an authorised witness. By signing the statement, the person declares the information contained in it to be true to the best of their knowledge and belief. This article explains how to make a statutory declaration in NSW.
When should I make a statutory declaration?
A statutory declaration is usually used when there are facts that need to be proved but not usually for court proceedings. Examples include to prove a person’s identity, to transfer a speeding fine, to prove requirements have been met for registration with a government body, to declare criminal convictions in another country, or to apply for a business loan with a bank.
Who can make a statutory declaration in NSW?
A statutory declaration must be made and signed by a natural person. It cannot be made or signed by or on behalf of any other person.
A declaration on behalf of a corporation can be made by an authorised officer of the corporation, who should state their name, source of knowledge and authority to make the declaration.
If a lawyer has been granted power of attorney to manage the affairs of another person, the declaration must be made in the lawyer’s own right and under their name.
Who can take a statutory declaration in NSW?
Under sections 21 and 27 of the Oaths Act 1900, an authorised witness must be a:
- Justice of the Peace;
- notary public;
- commissioner of the court for taking affidavits;
- legal practitioner; or
- person authorised to administer an oath.
The witness should check the declarant’s identity and their competency to make the declaration, and remind them there are penalties for making a false statutory declaration.
When taking a statutory declaration in NSW, the authorised witness must see the face of the declarant, have known the declarant for at least 12 months or sight identification documents, and certify that both of these requirements have been met.
For a statutory declaration in NSW, the declaration must be made in the form given in either the Eighth or Ninth Schedule of the Act.
The Eighth Schedule:
“I,, do solemnly and sincerely declare that, and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act 1900.”
The Ninth Schedule:
“I,, of (residence), do hereby solemnly declare and affirm that [the facts to be stated according to the declarant’s knowledge, belief, or information, severally]. And I make this solemn declaration, as to the matter (or matters) aforesaid, according to the law in this behalf made – and subject to the punishment by law provided for any wilfully false statement in any such declaration.”
The declaration should state the person’s full name, address and occupation, then the facts to be declared to be true. It must then be signed in the presence of an authorised witness, and the date and place of the declaration must be stated.
Documents can be attached to a statutory declaration as annexures. The annexures which should clearly state they form part of the declaration.
Any amendments need to be made before the declaration is witnessed, with the declarant and witness both required to initial each amendment.
Approved statutory declaration forms are provided by the Department of Communities and Justice.
If the declaration is being made for a Commonwealth matter or Commonwealth Government department, the Statutory Declarations Act 1959 applies, so a Commonwealth statutory declaration form should be used.
The Act prescribes penalties for making a false declaration and/or for taking a declaration without authority. Section 25 states “any person who wilfully and corruptly makes and subscribes any such declaration, knowing the same to be untrue in any material particular, shall be guilty of an indictable offence and liable to imprisonment for 5 years.” If the false declaration is made for material benefit, the jail term can increase to 7 years.
The court considers the making of a false statutory declaration to be a serious offence.
In 2009, former Federal Court judge Marcus Einfeld was sentenced to a minimum of two years jail after making a false statutory declaration. Einfeld pleaded guilty to perjury and making a false statement with intent to pervert the course of justice.
In 2006, he claimed he was not the driver of a vehicle registered to him at the time of a camera-detected speeding offence. He made a statutory declaration that a friend was driving the car, knowing the friend had died three years before the offence.
NSW Supreme Court judge Bruce James considered Einfeld had committed “deliberate, premeditated perjury” to avoid incurring demerit points on his driver’s licence, and concluded there was “planned criminal activity” in nominating another person as the driver of the vehicle.
If you need advice or representation on any legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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