Affidavit/Declaration of Service

Section 7(4) of the Courts Act 1964 permits statutory declarations of service for documents served by post in the district court and circuit court.

The Superior Court Rules require that service be proved by an affidavit.

There is in practice no difference.

An affidavit is evidence in and of itself and is a written statement made under oath under penalty of perjury. The assertions of fact made in the affidavit are admissable in court.

A statutory declaration is a written statement made under penalty of committing an offence under the statutory declarations act.
Technically the assertion of fact made in the statutory declaration can not be admitted in court since it is hearsay.

Section 7 of the Courts Act 1964 however allows such a statutory declaration to be used as evidence.