What is a statement of truth?
A statement of truth is a formal declaration that the information provided to the court is true and accurate to the best of the person’s knowledge and belief.
In the Courts Portal, a statement of truth is used instead of an affidavit for certain applications made online. By completing and signing a statement of truth, the person making the application confirms that the facts and details submitted to the court are correct.
Statements of truth carry the same importance as sworn evidence and should be completed carefully.
The person who executes the statement of truth is referred to as the maker.
What is a statement of truth used for?
Statements of truth are used for applications and filings made through the Courts Portal where the relevant Court Rules allow an affidavit, statutory declaration or oath to be replaced with a statement of truth.
This helps streamline court processes while maintaining the integrity and reliability of information filed with the court.
How is a statement of truth completed in the Courts Portal?
To file a statement of truth through the Courts Portal, the portal user must first complete the relevant Courts Portal-compliant form template for their application.
The process generally involves the following steps:
- Download and complete the required Courts Portal-compliant form template. A full list of templates can be found here.
- Upload the completed form to the Courts Portal.
- Review the information provided.
- Sign the statement of truth electronically within the portal. If the person submitting the statement of truth in the portal is not the maker of the statement, they can send a signature request to the maker to have them sign the document in the portal.
- Submit the statement of truth as part of the online application.
Once the completed form is uploaded, the Courts Portal will guide the user through the steps required to electronically sign and submit the statement of truth.
This process allows the statement of truth to be completed, signed and filed entirely online, without the need for a physical signature or a sworn affidavit.
Legal basis and court rules
Statements of truth are underpinned by legislation and are expressly provided for in the Digital Court Rules.
In the Circuit Court, the use of statements of truth is provided for in the relevant Circuit Court Rules, which set out:
- when a statement of truth may be used in place of an affidavit
- the form and effect of a statement of truth
- the legal consequences of making a false or misleading statement
The relevant Circuit Court Rules can be viewed here: Statements of Truth – Circuit Court Rules
Important to know
- A statement of truth is a formal court document.
- Providing false or misleading information may have serious legal consequences.
- Users should ensure all information is correct before submitting.
