Signing a declaration or affidavit is a serious legal action, as these documents are often used to affirm that the information contained within them is true to the best of the signer’s knowledge. If the information is false, it can have serious legal consequences for the individual who signs the document. This blog outlines the legal implications of signing a false declaration or affidavit in Western Australia, helping individuals understand the potential risks involved.

1. What is a Declaration or Affidavit?

A declaration or affidavit is a formal written statement made under oath or affirmation. These documents are often used in legal proceedings or official matters where a person needs to attest to the truthfulness of the facts they are presenting. For example, an affidavit may be used in court proceedings, property transactions, or in support of claims for government services.

• Affidavit: An affidavit is a sworn statement made before a commissioner for declarations, a justice of the peace, or a solicitor. It is used in a wide range of legal contexts, including court cases, applications for licenses, or as evidence in various administrative processes.
• Declaration: A declaration, while similar, does not require an oath, but it still serves the same purpose of affirming that the facts in the document are true.

When you sign these documents, you are legally attesting to the accuracy of the information. If the content is false, you may be subject to serious legal repercussions.

2. Perjury: A Criminal Offence

One of the most severe legal implications of signing a false declaration or affidavit is the charge of perjury. Perjury occurs when a person intentionally provides false information under oath or affirmation. In Western Australia, this is a criminal offence with serious penalties.

• Section 113 of the Criminal Code (WA): This section makes it an offence for anyone to intentionally make a false statement under oath or affirmation. Perjury is punishable by up to 14 years in prison.
• Intent: For a person to be found guilty of perjury, it must be shown that they knowingly provided false information with the intent to mislead or deceive. An honest mistake or oversight is typically not enough to support a perjury charge.

It is crucial to understand that any statement made in an affidavit or declaration is treated as being under oath, so deliberately falsifying the information could lead to a conviction for perjury.

3. Contempt of Court

If a false declaration or affidavit is presented as evidence in court, it can also lead to a charge of contempt of court. This offence occurs when someone disrespects or undermines the authority of the court, including through dishonest actions like submitting false information.

• **Section 52 of the Court’s Powers and Procedures Act (WA): If a false affidavit or declaration is presented to the court, the individual responsible can be charged with contempt of court, which may lead to a fine or imprisonment.
• Penalty: Depending on the severity of the false information, a person found guilty of contempt may face a fine, or in some cases, a term of imprisonment. This is typically seen in situations where false documents are used to deceive the court during legal proceedings, such as family law disputes, civil suits, or criminal trials.

4. Fraudulent Claims and Civil Penalties

Submitting a false declaration or affidavit can also expose you to claims of fraud or fraudulent misrepresentation. In civil matters, such as property disputes, contractual agreements, or insurance claims, deliberately providing false information can lead to severe financial and legal consequences.

• Fraudulent Misrepresentation: If a false affidavit is used to secure financial or other legal benefits, such as loans, government benefits, or insurance claims, the person may be liable for fraudulent misrepresentation. This can lead to the cancellation of contracts, the forfeiture of benefits, and civil penalties.
• Civil Penalties: Fraud is actionable in civil court, and the victim may seek compensation for any losses suffered due to the fraudulent conduct. This could include damages for financial losses, emotional distress, or reputational harm.

Additionally, any fraudulent actions could impact your ability to pursue claims in the future, as courts will view you as an unreliable party.

5. Loss of Credibility and Reputational Damage

Even if a false declaration or affidavit does not result in a criminal conviction, the loss of credibility and damage to your reputation can have long-term consequences.

• Damage to Professional Reputation: If you are found to have signed a false document, it can severely damage your professional reputation, particularly if you work in a regulated field such as law, finance, or healthcare. Employers, clients, and colleagues may no longer trust you, which could result in job loss or difficulty finding future employment.
• Court Impact: A history of submitting false documents can also have a lasting impact on your ability to represent yourself credibly in court. Judges and other parties involved in future legal proceedings will view your credibility with suspicion, undermining your chances of success in those matters.

6. Contractual Consequences

In some situations, a false declaration or affidavit can lead to the voiding of contracts or other legal agreements. If a party has entered into a contract or transaction based on fraudulent or false information, they may be entitled to seek rescission (cancellation) of the contract.

• Void or Voidable Contracts: If a contract is entered into based on false declarations, the affected party can argue that the contract should be voided due to misrepresentation. This could apply to property agreements, business deals, or any legal matter where the false declaration played a material role.
• Damages: In some cases, you may be required to pay damages to the other party for any losses they suffered due to the fraudulent information. This can include financial compensation, as well as any other remedies the court deems appropriate.

7. Civil Liability for False Affidavits in Family Law

In family law matters, submitting a false affidavit can have specific consequences. If you submit a false affidavit to influence the outcome of a divorce, child custody dispute, or financial settlement, you may face:

• Loss of Legal Rights: Family courts are particularly sensitive to dishonest conduct, as it undermines the fairness of proceedings. If a judge determines that a false affidavit was submitted, it could impact your legal rights or the division of assets.
• Contempt of Court: False affidavits in family law matters can lead to a charge of contempt of court. Additionally, the court may take the dishonest conduct into account when determining custody or visitation arrangements, potentially leading to less favourable outcomes for the party who lied.

Conclusion

Signing a false declaration or affidavit is a serious offence in Western Australia, carrying significant legal and personal consequences. The penalties range from criminal charges like perjury, to civil liability for fraud, and can include damages or the cancellation of contracts. Even if no formal charge is brought, the loss of credibility and reputational damage can be long-lasting. Individuals who are asked to sign declarations or affidavits must ensure that the information they provide is truthful and accurate to avoid these legal risks.

If you are unsure about the implications of signing a legal declaration or affidavit, or if you suspect that a document you are asked to sign contains false information, it is essential to seek legal advice before proceeding. Being honest and transparent is not only crucial for legal compliance, but also for maintaining your integrity and reputation in both professional and personal contexts.