Affidavit in Support of Enforcement Victoria: How to Swear and File

Where an Affidavit Is Needed

An affidavit is not a universal prerequisite to recording a VCAT order or to every enforcement tool. The Magistrates' Court's published process for recording a VCAT monetary order is to contact VCAT and ask for the order to be recorded; VCAT records it and sends confirmation. Later enforcement applications have their own evidence requirements, so check the instructions for the process you choose.

The affidavit in support of enforcement is your written statement to the court confirming that the VCAT order exists, the debt remains unpaid (in whole or in part), and you are entitled to enforce it. It must be sworn or affirmed under the Oaths and Affirmations Act 2018 (Vic) before an authorised witness.

What Your Affidavit Must Include

If the enforcement process you choose requires an affidavit, include the details its instructions call for. These may include:

• Your full legal name and address as the judgment creditor
• The debtor's full legal name exactly as it appears on the VCAT order — if the order names a business trading name, you need the underlying legal entity
• The VCAT reference number and the date the order was made
• The amount ordered, any partial payments received (with exact dates and amounts), and the balance still owing
• A calculation of accrued penalty interest at the statutory rate of 10% per annum under the Penalty Interest Rates Act 1983 (Vic), computed from the date the order became operative to the date you swear the affidavit
• The order's current status, including any payments received or stay that affects enforcement

Draft the affidavit in numbered paragraphs. Each paragraph covers one fact. If the application instructions require an exhibit, attach the certified copy of the VCAT order and refer to it in the affidavit.

How to Swear or Affirm Your Affidavit

Under the Oaths and Affirmations Act 2018, you can either swear on a religious text or make a secular affirmation — both carry identical legal weight. The key requirement is that an authorised witness must be present when you sign.

Examples of authorised witnesses in Victoria include:

• Australian legal practitioners (solicitors or barristers)
• Justices of the peace
• Court registrars at any Magistrates' Court registry

The authorised affidavit taker watches you sign and completes the jurat. The deponent and taker sign each page of the affidavit. If you attach an exhibit, include an exhibit certificate signed by both of you; the taker dates the certificate.

A common mistake is signing the affidavit before you are in front of the witness. If the court discovers this happened, the affidavit is invalid and any enforcement step relying on it can be set aside.

Proving Service with Form 6A

Several enforcement tools require you to prove that documents were personally served on the debtor. The Magistrates' Court uses Form 6A — Affidavit of Service for this purpose.

Form 6A is a separate affidavit sworn by the person who carried out the service (not you, unless you served the documents yourself). It must state:

• The full name and address of the person served
• The date, time, and location of service
• A description of the documents served
• How the server identified the person (if they did not already know the debtor personally)

Personal service means handing the documents directly to the debtor in person. Leaving them under a door, posting them, or emailing them does not count unless the court has specifically ordered substituted service.

If you use a professional process server, they will prepare and swear their own Form 6A. If a friend or family member serves the documents, they need to swear Form 6A before an authorised witness using the same process described above.

Common Mistakes That Get Affidavits Rejected

• Outdated interest calculation — The interest figure must run to the date of swearing. An affidavit sworn on 15 October with interest calculated only to 30 September will be sent back.
• Wrong debtor name — The name must match the VCAT order. If the order names a trading name, identify the underlying legal entity before choosing who to pursue; do not assume the court can replace the debtor during recording.
• Missing exhibit certificate — If you attach an exhibit, include the certificate and have it signed by you and the affidavit taker.
• Swearing before a witness who is a party or relative — The witness must be independent. A spouse, partner, or business associate involved in the dispute cannot witness your affidavit.

Recording the VCAT Order and Applying for Enforcement

To record a VCAT monetary order in the Magistrates' Court, contact VCAT and ask for the order to be recorded. VCAT records it and sends confirmation. For a later enforcement application, use the form and evidence requirements for the particular tool you are applying for.

After the order is recorded, you can apply for available enforcement processes, including an oral examination summons, warrant to seize property, garnishee order, or attachment of earnings. Each has its own requirements.

Our Enforcing a VCAT Order in Victoria guide walks through every step of this process with worked examples, interest calculation templates, and a ready-to-use enforcement timeline so nothing gets missed along the way.

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