How to write a Common Law Affidavit

Your affidavit must have the Crown authority you are writing under at the top, like this: (you can click on the image to display it full size and then right click on the image to download it to your computer)

You can download a sample, with guidelines in (brackets) here:
download a MS Word copy here

When writing an affidavit there are a few simple rules to follow:

  • Start by listing the people who have harmed you, like this:
    Plaintiff: Full Name, Contact details
    Plaintiff: Full Name, Contact details
    etc…
  • Always include the preamble statement (see below)
  • Keep you language clear, concise (don’t use too many words), and
  • Name names.
  • Number your statements about the crimes the people have committed.
  • Tell only the truth. You must always act in Honour even if those you accuse have not.
  • State clearly what their crimes against you personally are. The Grand Jury cannot act on any accusation unless you state the harm that has been done to you.

When you name names, you must give as much detail as possible, including:

  • Full name (if you know it)
  • Their official title
  • Address where the person can be contacted
  • Any other contact information that will make it easy for the Grand Jury or a court to find them.

Always remember that people commit crimes and/or harm you, not the organisations they work for or lead.

Preamble Statement

Your preamble statement tells the reader who you are and why you are writing an Affidavit. Use the following in your Affidavit:

I, [Name], of the family [Family name], a living, breathing woman of the state of Western Australia, make this Living Testimony in the form of an Affidavit. I, being the undersigned, do solemnly swear, declare, and depose:

  1. THAT I am competent to state the matters set forth herein.
  2. THAT I have first-hand knowledge of the facts stated herein.
  3. THAT all the facts stated herein are true, correct, and certain, admissible as evidence, and if called upon as a witness, I will testify to their veracity.
  4. THAT any and all of the various papers, documents, adhesion contracts, or “agreements” I may have signed with any government agency or entity or any others that might be construed to indicate a conclusion contrary to my herein-below assertions were made/signed by me on the basis of mistake due to a deliberate action of fraud, concealment of material fact, misrepresentation, duress and intimidation.
  5. THAT it is the sincerest belief of this Affiant that slavery and peonage are immoral and that fraud, misrepresentation, nondisclosure, intimidation, deceit, concealment of material fact, lying, and treachery are morally wrong.
  6. THAT I have absolutely no desire whatsoever to be a “client” (slave) of any governmental agency, state or federal, or to incur any debts or obligations to said entities for whatever “benefits” said entities might purpose to provide or seek to provide to this Affiant, or be directed by, subject to, or accountable to any parties other than my own conscience and best judgement for the purpose of preserving inviolate my unalienable/inalienable indefeasible rights to life, liberty, freedom and property while engaging in the honourable, productive, and non-harmful activities of my life.
  7. THAT I am the sole and absolute owner of myself, my body, and my estate, and possess unconditional, allodial, sovereign title thereto, and that I abjure, renounce, forsake, and disavow utterly and absolutely now and forever all presumptions of power, authority, or right by any governmental agency over the rights, life, liberty, freedom or property of this Affiant from whatever source presumed or derived.
  8. THAT I, the Affiant, am NOT a Legal Fiction Person nor a Corporate Entity or some other kind of Partnership, BUT INSTEAD am a living breathing, sovereign, flesh and blood Human Being with a living soul, with a distinct Mind that is capable of possessing personal knowledge.
  9. THAT all parties who act against this Affiant must produce the Commercial Affidavits of TRUTH, sworn by the claimants to be “true, correct, and complete (certain),” which prove the origin and foundation of their claims and include the contract(s) or agreement(s) with the signature of this Affiant thereon wherein this Affiant has knowingly, intentionally, and voluntarily, in full legal and lawful capacity, agreed to waive or surrender rights to, or agreed to become subject to, or the slave or property of, said entities in any way or in any jurisdiction whatsoever.
  10. THAT the foundation of Commercial Law, being based on certain eternally just, valid, and moral precepts, forms the underpinnings of Western Civilization and cannot be set aside or overruled by, the statutes of any governments, legislatures, quasi-governmental agencies,
    or courts. It is therefore an inherent obligation on all Authorities, Officials, Governments, Legislatures, Governmental or Quasi-governmental Agencies, Courts, Judges, Attorneys, and all aspects and Agents of all Law Enforcement Agencies to uphold said Commercial
    Law, without which said entities are violating the just basis of their alleged authority and serving to disintegrate the society they allegedly exist to protect.
  11. THAT all attachments are true and accurate copies of the original documents.

The next step is to make your statement

As you write your statement follow the guidelines below. Start with the header, like this:

The following is my statement of complaint against the Plaintiffs

  • Write out the complaint, naming names, dates, times, places, and the acts that took place.
  • Refer to any emails, letters or other forms of communication that are pertinent to your case, and include them as attachments to the Affidavit.
  • When you quote a reference, number it below the main text, like this:
    1. Decisions which are not appealed are enforceable via s85.12
    2. Operating whilst insolvent in breach of the Corporations Act 2001 (WA) … etc
  • If you are quoting a law, make sure you give the correct reference. For example, if you are referring to the Crimes Act 1914 – Section 34, you should give a link to where the Act has been promulgated, like this:
    http://www5.austlii.edu.au/au/legis/cth/consol_act/ca191482/s34.html
    Then you can print the actual part of that act that is relevant to the issue you are referring to, like this:

CRIMES ACT 1914 – SECT 34

Judge or magistrate acting oppressively or when interested

Excessive and unreasonable bail

             (1)  A person commits an offence if:
                     (a)  the person is a judge or magistrate; and
                     (b)  the judge or magistrate is required or authorised by law to admit a person accused of an offence to bail; and
                     (c)  the judge or magistrate requires excessive and unreasonable bail; and
                     (d)  the requirement is an abuse of the judge‘s or magistrate‘s office; and
                     (e)  the offence referred to in paragraph (b) is an offence against a law of the Commonwealth.

Penalty:  Imprisonment for 2 years.

How to finish your statement and sign it:

First, state how you have been wronged, like this:

I have been wronged by:

  • List the people and organisations
  • that have
  • wronged you

Follow this by stating what redress you are seeking:

The following redress is required:

  • Immediate retirement from public office by [name of person who has wronged you]
  • Restitution paid by [name or person who has wrong you]
  • Continue stating the actions you want taken to right the wrongs done against you

After you have made your statement(s) of the harm done to you and the redress you required, end your Affidavit like this:

This affidavit includes the following attachments:
Annexure A: Court chronology
Annexure B: chronology of substantive matter
Annexure C: Document
Annexure D: References
Annexure E: Selected Correspondence
Annexure F: Selected Evidence
Annexure G: Sundries
Annexure H: Supreme Court Affidavit

Your Annexures (attachments) will be different to the samples listed above. Make sure you put the correct references into your document.

After listing the attachments, end your statement with this: (do not italicize — we have done it to show you what needs to be added at the end of your statement):

l, [Name] of the family [Name], the undersigned Affient, depose and certify that I have written the foregoing with intent and understanding of purpose, and believe the statements, allegations, demands and contents herein to be true, correct, and complete, commercially reasonable, and just to the best of my knowledge and belief.

Then get your Affidavit witnessed by any member of the Commonwaealth of Australia, and signed like this:

…………………………………………..
Date

………………………………………….. ……………….. …………………………………………..
Witnessed ……………….. ………………………… Signature by:
[Name] of the family [name] ……………… [Your name] of the family [name]

Your name and signature must always be in the right hand side of the page to indicate that you are one owed the debt….in this case the debt of Redress you have named in your Affidavit

Leave a comment

Your email address will not be published. Required fields are marked *

2 thoughts on “How to write a Common Law Affidavit”