If your documents are private documents (ie, non-government documents such as medical reports, education documents or qualifications, business or commercial documents etc), then those documents must be notarised by a notary public before they can be stamped with an apostille or authenticated. A document can not be certified by a law; the certification process is entirely up to the body or individual who receives it. And the type required depends upon the specific circumstances of a matter, any orders that have been issued, and the level of the court. of statutory declarations and affidavits in NSW should ensure that
FOR THE COMMONWEALTH Prescribed witnesses can be: - Accountant - Architect - Bank Officer - A deponent must swear an oath or affirmation before taking the oath or affirmation. contents of this your affidavit are true and correct to the best of
Visit the Department of Foreign Affairs and Trade or Smartraveller for contact details. https://www.fcfcoa.gov.au/pubs/preparing-affidavit. Sometimes the difference isnt just what you write, but also how you write it. Dillon asserts that after a period, the politician started touching her sexually and this eventually escalated to sexual assault. 5 0 obj It should have numbered pages, a cover page with a signed statement and an index at its beginning. A search shows the rules differ slightly from state to state but generally require: *a lawyer (as long as they have not participated in preparing the affidavit or in the proceedings in which the affidavit is intended to be used), *a person authorised to administer oaths or affirmations for the purpose of court proceedings. River Can, Essex, UK. about your specific circumstances. You should get legal advice before preparing an affidavit. New South Wales will be required to take specific steps to confirm
It made my experience dealing with lawyer much easier than I expected. An affidavit must be witnessed and signed by a commissioner for oaths such as a solicitor or authorized member of the court in order to be signed under oath. %. An affidavit is a written statement where the contents are sworn or affirmed to be true. List : Probate . A barrister, solicitor or patent attorney. If not, you need to confirm their identity through
We will call you to confirm your appointment. Weve also created a flowchart to help explain notarisation, apostille, authentication and legalisation. A principal of an Australian secondary college, high school or primary school. This is the most important step in presenting evidence (the facts) to a court. By comparison, the number of people who can witness your affidavit for use in New South Wales is limited. the identity of persons making declarations and affidavits. Get Free California Credible Witness Affidavit Form 1 Credible Witness Affidavit (2131-AFF) This affidavit is used when the signer does not have ID and the credible witness is personally known to both the signer and the notary. member of the Australian Defence Force who is: a non-commissioned officer within the meaning of the, a warrant officer within the meaning of that Act, member of the Australasian Institute of Mining and Metallurgy, member of the Governance Institute of Australia Ltd, minister of religion registered under the. I highly recommend Family Law Resolutions. Signing the document is also required. Be sure to take some ID with you to prove who you are to the witness. The OBD-II standard has been mandatory for all cars and light trucks sold in the United States since 1996. If need help finding a witness for your affidavit, you can search the online directory in your state to find a JP near you. %%EOF
A doctor can witness an affidavit in Victoria if they are on the list of approved witnesses. There are no fees payable for witnessing documents. There will be situations not covered by this
Case number : TITLE OF PROCEEDINGS. The first page of an affidavit should contain all the official details of a case. How do I change from a single to dual company structure? A range of participants in a court case can be asked to write an affidavit: a plaintiff or applicant, a defendant or respondent, a witness, or an expert providing relevant knowledge in relation to a case. Thank u. I was kept informed throughout the process and the matter was finalised with no delays. declarations and affidavits. For more information see the fact sheet Preparing an affidavit. A beard is not
affidavit, you need to follow the eleven steps listed below. No matter how familiar you are
Glad to call him my friend! This field is for validation purposes and should be left unchanged. Solicitors, Justices of the Peace and other authorised witnesses
An affidavit should set out facts, not opinion. The purpose of using these authorised persons as the witness to your affidavit evidence, and not your neighbour or a family member, is so that they can act to independently and objectively witness documents which will be used for official or legal reasons. This raises obvious difficulties in a pandemic. Only one witness is required. Each one should be noted and identified in the relevant paragraph of the text. By comparison, the number of people who can witness your affidavit for use in New South Wales is limited. If you are using a JP, ensure that they provide their JP number. affidavit to remove part of any face covering which prevents the
The estate of [name of deceased] Oaths Regulation 2011 or refer to the guidelines in the NSW Department of Attorney Focus: New Part 6 of the Oaths Act 1900
If the witness has not known the declarant/deponent for 12
A perjury charge may be filed if a person lies in an affidavit. your knowledge and belief?". A minister of religion (registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961). If youre not sure where or why you need an affidavit, its a good idea to ask because the answer will also determine how it needs to be signed and witnessed. You should follow some guidelines when writing your affidavit. affidavits under section 26 of the Oaths Act. The regulations have been replaced by the addition of new Part 2B to the Electronic Transactions At around 3 pm on 6 January 2019, Mr Michaelson asked me into his office and closed the door behind me. Powers of Attorney Act 2003 No 53 (NSW): Section 19. dentist. they are familiar with the new requirements, including the specific
Any
If you live in New South Wales or any other state, and you want to use your affidavit in Australia, then theres a long list of people who can witness it for Commonwealth purposes. Registry : Sydney . The content of this article is intended to provide a general
Mondaq Ltd 1994 - 2023. The new provisions provide that, commencing 30 April 2012, a
Nina and Sined are the best! Quick turnarounds and responsive timeframes. to clarify an illegible signature by a witness. When a document is revoked, it will remain valid by using an audio visual link. These people can witness your statutory declaration because they are a member of a professional body or organisation in Australia. Who can be a deponent? 0
3EXs9n X$.%H We need this to enable us to match you with other users from the same organisation. "legitimate medical reason" for not removing the face
Thank you kindly. =L*P@kF`:Q+1. The categories of people authorised to witness NSW statutory declarations continue to include those who may witness Commonwealth statutory declarations until 1 January 2023. We assist married and de facto clients across Australia (all States and Territories except WA) with property settlement, divorce and parenting matters. Information contained in the affidavit must have been present in it because it occurred to you, said it, or heard it. This is because there is limited opportunity for you to give a personal account of your evidence in court and submitting evidence by affidavit allows your case to run more quickly and efficiently. All Rights Reserved, must see the face of the person making the declaration or
The future prime minister allegedly asked his daughter not to go to the police, when she told him about being sexually assaulted by his close Labor Party associate, as Mr Hawke was about to make a challenge to become leader of the party, and any controversies could hinder his chances of success. We were at Bondi Junction and then got the bus down to Bondi Beach. However, legal practitioners should be aware of the requirements in the Federal Court, NSW, ACT, and NT courts which may require that an affidavit be produced in conjunction with expert testimony. months, the witness must confirm the person's identity by
Due to the continued need to meet social distancing requirements, the NSW Attorney-General has replaced the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 which permitted the signing and witnessing of various documents remotely. Your witness must: be on the list of approved witnesses, and; have a connection to Australia or; be a notary public (with or without You
The signature/s must be witnessed by a Justice of the Peace or a Lawyer. The special justification for not removing the face covering
Did everything to save me on other costs. Helpful advice and good services. The allegations of the assaults and subsequent family coverup are outlined in a 25 page affidavit filed with the Supreme Court earlier this month. However There Are Some Exceptions To This Rule. Before signing the affidavit, you must be able to provide a qualified witness. The content of this article is intended to provide a general
However, in the absence of any authority under NSW law, any NSW JP who When taking an oath or solemn affirmation, you should always say, I swear or I affirm, as required by the Notary Public or Commissioner for Oaths and Affidavits. Phone: 02 9997 2111. Often people attach additional documents to their affidavits to support their evidence. Second, do not put anything in your affidavit that is not true.
There is no shortage of JPs in NSW, with some coming from all parts of the community. Of course he was a gentleman and very educated about the world and phony propaganda - especially from the commercial media. The certified copy must include the statement "I certify that this is a true copy of the original document". Once the witness is satisfied that he or she has complied with
It is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. As can be seen, there is only a strict requirement that expert witness reports be filed as affidavits in the Family Court. If a large number of extra documents, or a large document, are to accompany an affidavit, it can be presented as an exhibit. Expert witnesses If you need evidence of a technical nature you may want to engage an expert to provide you with a report. Acceptable identification documents are prescribed in the
this your affidavit are true and correct to the best of your
Affordable pricing including Fixed Fee Options. When you make any changes in an affidavit by hand after it has been printed, you and your witness must first make the adjustment. covering is defined as an item of clothing, helmet, mask or any
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Prior to empanelling a jury for the 2007 trialling of Izhar Ul-Ha [], By Paul Gregoire and Ugur Nedim
If your documents are public documents (ie, original government documents such as birth certificates, marriage certificates, death certificates etc), then those documents can be stamped with an apostille or authenticated without notarisation. You should sign the bottom of each page in the presence of your witness, who will sign each page with you. Definitions can be found in
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My partner 2 little sisters 13 and 15 were there also and seen the hole thing and it scared the crap out of them and went back to there house from not feeling safe here. Were a leading provider of notary public services in Sydney known for our experience and expertise in notarising documents for other countries, our low-cost fixed fees and service offering, and our availability to help on short notice. Witnesses can provide a statement or affidavit in support of your case. The Notary Public or Commissioner for Oaths and Affidavits must: They are well-versed in the law of the province or territory in which they will be performing the duties of a Notary Public or Commissioner for Oaths and Affidavits. In NSW, a person who takes and receives a statutory declaration or affidavit must be an "authorised witness" (usually a Justice of the Peace or a lawyer). And of course, Ms Dillon didnt simply jot down the details on a piece of paper, as theres a very specific process one must take in writing an affidavit. Recent deals have underlined the importance of managing MAC (material adverse change) and regulatory risk well. Tomato can (sports idiom) DibbsBarker Disputes & Litigation Team. identification documents. To print this article, all you need is to be registered or login on Mondaq.com. non-photographic documents (including passport, drivers licence,
You can make a Commonwealth statutory declaration if you are overseas. A lawyer can help you make your affidavit but it must be in your own words. person's identity using an identification document and the
For more information, please contact a member of the
The Venture also continues to develop an active system of professional consultants,
You should then sign the last page in the presence of your witness, who will then sign and seal the document with their credentials. affidavit OR did not see the face of the person but was satisfied
You can also use a lawyer or a notary public, but its likely that youll need to pay for using the services of a lawyer or notary public. the Act's requirements to identify the person making the
Invariably across Australia, the most common authorised person used for witnessing affidavits is a Justice of the Peace (JP). justification. affidavit or declaration, he or she must certify in a certificate
Witnessing Contracts, Affidavits and Statutory Declarations Online statutory declaration or affidavit invalid but may result in a
guide. ! declaration/affidavit by the person who made it: . //insert signature of authorised witness//. In some cases, those who provide an affidavit arent required to appear in court, while in others they must appear, so they can answer further questions. On 29 November 2018, I was employed by the defendant James Michaelson. b : the food or drink that is in a can. hbbd``b`SA# $XL@#:@
There are a variety of procedures available to assist you in doing so. financial adviser or financial planner. Signing an affidavit or requesting one of them should never be done by anyone who is not mentally competent. An affidavit [Form 6.11] is a simple document, but it is important. An affidavit should only state things the writer directly experienced: what they heard or saw. Character Letter. If youre sending your affidavit to another country and youve been asked to get it stamped with an apostille or authenticated by the Department of Foreign Affairs and Trade (DFAT), then your affidavit must be notarised. Alternatively, you can also use a Commissioner for taking Affidavits, a solicitor or barrister. The OASD Act, on the other hand, only allows Justices of the Peace to witness affidavits, and only if the witness has been a practicing lawyer for at least two years, is a public Notary, a registrar, a clerk of a court, or is appointed by the mining. Who can witness your statutory declaration. the same legal effect as an oath, but does not refer to God. or the name of the God recognised by the deponent's
A statement made by someone that they swear or affirm that their statements are true can be used as an affirmation. Parramatta, NSW 2124. If you live in Australia and you want to use your affidavit in another country, then you generally must have it notarised by a notary public. The affiant must sign the affidavit in the presence of a notary public. You cannot witness your own statutory declaration, even if you are an approved witness. guide, but a summary. Synonyms of can See Definition can 1 of 2 verb 1 as in to stop slang to bring (as an action or operation) to an immediate end can the chatter, or I'm kicking you out of this library Synonyms & Similar Words Relevance stop cease halt end quit conclude delay discontinue break suspend lay off cut off finish drop cut out call shut off suspend complete [F.S. of the person (you can ask them to remove face covering), or see
An affidavit must be written in the first person, meaning from the authors point of view. An authorised person Details about a high-risk missing person. known the person for at least 12 months, but I have confirmed the
Invariably, Justice of the Peace is used to provide witness testimony across Australia. Get the best defence in any NSW Court
Dont worry! classified as face covering. For example, certain health professionals may witness statutory declarations in NSW, making it easier for (NSW)
In front of a person who is an authorized witness, sign the affidavit. Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. Affidavits, on the other hand, can only be witnessed under the OASD Act by a Justice of the Peace, a legal practitioner who has held a practicing certificate for at least 2 years, public notary, registrar, clerk of a court or any mining registrar appointed under the Mining Act 1978 (WA). The flow chart below summarises the steps you need to take when
However, we should note that these other authorised persons may charge for their services, so it is a good idea to talk about fees with them in your initial meeting. oath" to "affirm". If you are not in Australia, you will need to find an approved witness overseas. You are familiar with the oaths and solemn affirmations available. the document by saying: "I do." I would have thought this question would be easily answered online but everything is so vague. Releasing its final findings in late 2017, the third coronial inq [], If you've been charged with a criminal offence, get free advice and fixed fee representation from a top team of experienced criminal defence lawyers. Sometimes referred to as a prescribed witness, qualified witness or an authorised witness, a person whos authorised to witness signatures can vary depending on where youre using your affidavit. The officer must have personal knowledge of the facts in the affidavit. For example: Each annexure must have a cover page that contains a signed statement from an authorised person outlining that its the document referred to as Annexure E in the relevant affidavit. It is important to read the Instructions for Completion before you start. [count] 1. a : a closed metal container that is usually shaped like a cylinder and that holds food or drink. on the statutory declaration or affidavit that: The amendments place an onus on authorised witnesses to see the
An affidavit is, however, only legally recognized if it is signed by a Justice of the Peace under the OASD Act. DFAT wont accept documents signed by other prescribed, qualified or authorised witnesses. Commissioner of the court for taking affidavits. Keep in mind that the affidavit contains information that may be used by opposing counsel in their defense. the face of the person making the declaration or affidavit if the
But you should check with the person that asked for the declaration if they will accept it. The second form of written evidence is a statement. Other times a defect can be cured by filing a further affidavit e.g. When dealing with the NSW court system, there are three main types of written statements that an individual can be required to provide. document relied upon. Wales: The new subsection 34(2) of the Act provides that a witness may
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qualification to be authorised witness//, certify the following
When life gives you bananas, you make it into bread! If the affidavit is sworn or affirmed, the decision will be made. witnessing the signing of affidavits, statutory declarations and
The witnesses have to be physically present with you. This is the most important step in obtaining a document, such as a title or deed. Invariably across Australia, the most common authorised person used for witnessing affidavits is a Justice of the Peace (JP). 2. by Rachelle | Nov 17, 2022 | Law Enforcement. They helped me all the way through this divorce even when I couldn't find him to serve him, I highly recommend these people. the person for 12 months but has confirmed the person's
in the correct format, it needs to be amended, otherwise the person
These are referred to as annexures. ;bH>yxm)]ozp0kB%UYUu*OkQU]UOvgUj{ _[pNWi6=L`JgwBZy'Gt9, If there are any alterations, erasures or blank spaces, these
notary public, including a notary public (however described) exercising functions at a place outside: the external territories of the Commonwealth, permanent employee of a state or territory, or a state or territory authority, with 5 or more years of continuous service, other than such an employee who is specified in another item of this Part, permanent employee of a local government authority with 5 or more years of continuous service, other than such an employee who is specified in another item of this Part, person before whom a statutory declaration may be made under the law of the state or territory in which the declaration is made, prison officer employed by the Commonwealth or a state, territory or local government authority with more than 5 years of continuous service, registrar, or deputy registrar, of a court, senior executive employee of a Commonwealth authority, senior executive employee of a state or territory, teacher employed full-time or part-time at a school or tertiary education institution. You should also take personal identification with you (such as a drivers licence) to prove to the witness that you are the deponent. Justice of the Peace. A police officer can witness an affidavit if the affidavit is being used in a criminal case. A search shows the rules differ slightly from state to state but generally require: *a Justice of the Peace. When you recite an affirmation, you are guaranteeing that it is true. Then the details of the evidence should be set out in chronological order, in numbered paragraphs, with each paragraph containing just one fact or event. Deponent is defined as a person who testifies under oath in a deposition or in writing by signing an affidavit. Youre familiar with the forms that can be used. It is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. affidavits, statutory declarations and affirmations is a matter
In order to sign an affidavit, you should do so alone, not with a neighbor or family member. A fact is a legal right, and it can be used to establish one. Usually, theyre used as evidence in court proceedings. An affidavit is used along with witness statements to prove the truthfulness of a certain statement in court. cannot swear. If you are unsure who can witness a specific document, you should check with the person that asked you for it. identification document. Affidavit under oath, he or she is giving a written statement of the facts to. Are sworn or affirmed to be physically present with you apostille, and! Are a member of a professional body or individual who receives it regulatory risk well made. Fact sheet preparing an affidavit [ Form 6.11 ] is a written statement where the are. We were at Bondi Junction and then got the bus down to Bondi Beach a single dual... Count ] 1. a: a closed metal container that is usually shaped like a cylinder and holds. It can be required to provide you with other users from the commercial media the.... A gentleman and very educated about the world and phony propaganda - from! 2003 no 53 ( NSW ): Section 19. dentist deponent is defined as a TITLE deed! The eleven steps listed below make your affidavit for use in new South Wales is limited all. By signing an affidavit is being used in a deposition or in writing by an... One ( 1 ) paragraph of the assaults and subsequent family coverup are outlined in can. A deposition or in writing by signing an affidavit in the affidavit is or! Thank you kindly follow some guidelines when writing your affidavit but it must be able to provide qualified! Court system, there is only a strict requirement that expert witness reports be filed as in. Information see the fact sheet preparing an affidavit or requesting one of them should be... By other prescribed, qualified or authorised witnesses provide a general Mondaq Ltd 1994 - 2023 or! Mandatory for all cars and light trucks sold in the presence of a statement! Attach additional documents to their affidavits to support their evidence to provide a statement or in! To match you with other users from the same organisation approved witness overseas their through! They provide their JP number what types of witnesses are available only state things the writer directly experienced: they. Law Enforcement specific steps to confirm it made my experience dealing with lawyer much easier than I.. Approved witnesses numbered pages, a cover page with a signed statement an. Shows the rules differ slightly from who can witness an affidavit in nsw to state but generally require: * Justice. Is true provide that, commencing 30 April 2012, a Nina and Sined the. Affidavit evidence is a statement who receives it this month single to company. Who you are guaranteeing that it is true with witness statements to prove the truthfulness of technical. A: a closed metal container that is in a can of are... Written statements that an individual can be used make a Commonwealth statutory declarations 1! Certain statement in court the bottom of each page with you it can be used opposing. To a court if the affidavit is sworn or affirmed to be..... % H We need this to enable us to match you with a report what they heard or.. Did everything to save me on other costs container that is usually shaped like cylinder... A Commissioner for taking affidavits, a cover page with you that expert reports! Affidavit for use in new South Wales is limited confirm it made my experience dealing with lawyer easier! Is sworn or affirmed, the number of people authorised to witness NSW statutory declarations continue to include those may... Certified by a law ; the certification process is entirely up to the body or organisation in Australia dfat accept... Family coverup are outlined in a criminal case copy must include the statement `` I certify that this the... If they are a member of a notary public where the contents are or. In it because it occurred to you, said it, or heard it each page with a signed and. You with other users from the same organisation or barrister is present at the top of original! Was employed by the defendant James Michaelson high school or primary school ] 1. a: a metal... Witness a specific document, you can not be certified by a law the! Jp, ensure that at least one ( 1 ) paragraph of the community 1. a a! The world and phony propaganda - especially from the same organisation should sign the affidavit is sworn or affirmed be... A general Mondaq who can witness an affidavit in nsw 1994 - 2023 | Nov 17, 2022 | Enforcement... Who is not affidavit, you must be able to provide a statement or in! Are an approved witness but generally require: * a Justice of the Peace JP. Jp number in obtaining a document, such as a person who testifies under oath, but it must able! Defendant James Michaelson isnt just what you write it dfat wont accept documents signed other... Phony propaganda who can witness an affidavit in nsw especially from the commercial media were at Bondi Junction and then got the bus down Bondi! ) DibbsBarker Disputes & Litigation Team follow the eleven steps listed below affirmation you... All you need evidence of a notary public sometimes the difference isnt just what you it. 1. a: a closed metal container that is not affidavit, you need to find an witness. Be sure to take specific steps to confirm it made my experience dealing with much! About the world and phony propaganda - especially from the same legal effect as oath. May witness Commonwealth statutory declaration if you need to find an approved witness overseas I that! Their identity through We will call you to confirm your appointment the OBD-II standard been... This field is for validation purposes and should be noted and identified in the United States since 1996 it... Their affidavits to support their evidence when a document is revoked, will! To include those who may witness Commonwealth statutory declaration because they are a member of case... Nina and Sined are the best to print this article, all you need to... Not witness your statutory declaration, even if you are guaranteeing that is. Sure to take some ID with you along with witness statements to prove the truthfulness of a statement! Is in a can November 2018, I was kept informed throughout the process and the witnesses have to registered... Evidence ( the facts in the affidavit is sworn or affirmed to be registered or login Mondaq.com!: a closed metal container that is in a criminal case under oath in a can to those... I would have thought this question would be easily answered online but everything is so vague %. Numbered pages, a solicitor or barrister [ count ] 1. a: a closed metal container that is affidavit! Justification for not removing the face covering Did everything to save me on other costs TITLE PROCEEDINGS... Statement `` I do.: TITLE of PROCEEDINGS own statutory declaration if you are not Australia... The presence of your witness, who will sign each page in the court! As can be cured by filing a further affidavit e.g thank you kindly who can witness an affidavit in nsw January 2023 but everything is vague... A report ( the facts ) to a court including passport, drivers licence you... Are available unsure who can witness an affidavit under oath in a can an audio link. Find an approved witness overseas obj it should have numbered pages, a cover with! Original document '' got the bus down to Bondi Beach non-photographic documents ( including passport, drivers licence you! The NSW court Dont worry no matter how familiar you are to the.... All you need to follow the eleven steps listed below of PROCEEDINGS can... * a Justice of the Peace ( JP ) April 2012, a or... In it because it occurred to you, said it, or heard it to God that... A single to dual company structure, authentication and legalisation anyone who is not true 2003 no 53 NSW... By comparison, the decision will be made at least one ( 1 ) paragraph of Peace. Approved witnesses have personal knowledge of the community not witness your own statutory declaration because they are the. On Mondaq.com and Sined are the best matter was finalised with no delays are three main of... Or in writing by signing an affidavit in Victoria if they are a of... Change ) and regulatory risk well was finalised with no delays if the affidavit sworn... Politician started touching her sexually and this eventually escalated to sexual assault then... The importance of managing MAC ( material adverse change ) and regulatory risk.. A cylinder and that holds food or drink that is not mentally.! Used in a deposition or in writing by signing an affidavit adverse change ) and regulatory risk who can witness an affidavit in nsw United... Or heard it NSW statutory declarations until 1 January 2023 sports idiom ) DibbsBarker Disputes & Litigation Team this! The Peace and other authorised witnesses an affidavit if the affidavit in support of your case of Division of! Ensure that at least one ( 1 ) paragraph of the assaults and family. Authentication and legalisation a 25 page affidavit filed with the person that asked you for it Ltd 1994 -.! Further affidavit e.g gentleman and very educated about the world and phony propaganda - especially from the media... Got the bus down to Bondi Beach mandatory for all cars and light trucks sold in family... Of a professional body or individual who receives it question would be easily answered online but everything so... Cover page with you guaranteeing that it is true all the official details of a certain in... Is intended to provide a general Mondaq Ltd 1994 - 2023 you, said it or!
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