Any attached documents must also contain Sometimes the difference isnt just what you write, but also how you write it. They may also be called to give evidence in person at the hearing. The will-maker must sign the will first in front of two or more witnesses, all present at the same time and in the same place. 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. You can make a Commonwealth statutory declaration if you are overseas. witnessing the signing of affidavits, statutory declarations and
affidavit, you need to follow the eleven steps listed below. The number of documents that you may attach to Practice Direction 1 of 2018 has been limited. A principal of an Australian secondary college, high school or primary school. There are no fees payable for witnessing documents. Very patient and understanding. covering. And luckily, an affidavit form can be downloaded from this NSW government website page, if you scroll down to affidavit. Meaning of can in English can modal verb us strong / kn / weak / kn / uk strong / kn / weak / kn / can modal verb (ABILITY) A1 to be able to: Can you drive? covering. hVj1=Ae!l6Mh to the Identification Legislation Amendment Act 2011) and
Tomato can (sports idiom) In some cases, we must also verify the authenticity of the document with whoever issued it before we can notarise that document. ", The deponent should then swear to the truth of the contents by
The allegations of the assaults and subsequent family coverup are outlined in a 25 page affidavit filed with the Supreme Court earlier this month. If you make false statements in an affidavit, you are in violation of the perjury laws. The certifier must also include their full name, signature, date, registration number (if any) and qualification or occupation which makes them eligible to certify documents, on each of the photocopied identification documents. identification document. document I relied on was //describe identification document relied
Invariably, Justice of the Peace is used to provide witness testimony across Australia. Posted December 17, 2019 by Sydney Criminal Lawyers & filed under Criminal Law, NSW Courts. POPULAR ARTICLES ON: Corporate/Commercial Law from Australia. Temporary changes have been made to the law, through the Coronavirus Economic Response Package (ModificationsStatutory Declarations and Notices of Intention to Marry) Determination 2021. 6/83 George Street Parramatta NSW 2150 AU, 6/83 George Street, Parramatta NSW 2150 AU PO Box 1375, Parramatta NSW 2124 AU T: +61 2 9687 8885, A leading provider of notary public services in Parramatta and Sydney, Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on WhatsApp (Opens in new window), Problems with the 2023 Digital AFP National Police Check Certificate, Hong Kong Withdraw MPF benefits for early retirement, Brazil Travel Consent and Visa Applications for Children, Spain Escritura de Poder (Power of Attorney), Kenya Statutory Declaration for Lost Passport, Saudi Arabia becomes a member of the Apostille Convention. You can also get it witnessed using audio visual technology. can be found in
The amount of people who beep their horns and stop and talk to Danny is just crazy - he is very much the greatest hero of Sydney to many people. The first type is a statutory declaration, which is often referred to as a stat dec. Information contained in the affidavit must have been present in it because it occurred to you, said it, or heard it. Affidavit. more information about commercial litigation, please see the
The content of this article is intended to provide a general
The new provisions provide that, commencing 30 April 2012, a
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DFAT wont accept documents signed by other prescribed, qualified or authorised witnesses. We generally respond to all enquiries within 2 business days, so you feel in control of your legal matter. While the Filing Details section is specific to the person whos writing the affidavit their name, their role in the case and if they have legal representation, the details of the lawyer and their contact number. 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. bottom of the chin, and between (but not including) the ears. justification for not removing covering. precedent documents accordingly, and ensure compliance. your knowledge and belief?". Bethlehem at kbb@cbp.com.au. There is no definitive answer to this question as it depends on the individual circumstances of each case. There will be situations not covered by this
The deponent is the person swearing the oath. The list of approved witnesses can be found on the Victoria Legal Aid website. (xY
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]sbjo'ggF`T*vP9{J#8y_?GAz A[8ab6jeh ?nOw{CY}Kfg}VIE*zkg-F|E)|0u Contact us or visit our Frequently Asked Questions for more information about our notary public services. In each state, there are various procedures for making an affidavit. Did everything to save me on other costs. or she is telling the truth. These changes allow Commonwealth statutory declarations to be completed and witnessed electronically. Term sheets: A necessity for the sale of any business, Managing renegotiation and termination risk for target boards, 5 things to consider when buying a business, Liability of sporting clubs and associations in claims of harassment, sexual abuse, hazing or bullying, Australian CFOs Hold The Key To Unlocking ESG Value, Oppression claims in shareholder and director disputes, Reviewing the "For Execution" version of the contract. In the United States, character witness letters are typically used in civil lawsuits in order to provide an affidavit of fact that can be used to support a defendants case. On 29 November 2018, I was employed by the defendant James Michaelson. Identification documents include
A perjury charge may be filed if a person lies in an affidavit. AFFIDAVIT OF ATTESTING WITNESS COURT DETAILS Court . A deponent must swear an oath or affirmation before taking the oath or affirmation. 1900 and relate to the steps to be taken to check identity. If you are found guilty of perjury, you could face up to five years in prison and/or a fine. An affidavit is used along with witness statements to prove the truthfulness of a certain statement in court. The witness must be either a lawyer (including solicitors and barristers) or Whats an affidavit? And the third form of written evidence is an affidavit. Its a sworn or affirmed account of events that an individual may be asked to provide if theyre involved in a NSW District Court or a Supreme Court of NSW case, as well as some Federal Court cases. You cannot witness your own statutory declaration, even if you are an approved witness. The CAN is a message-based protocol, which means that message carries the message identifier, and based on the identifier, priority is decided. Statutory declarations apply to 48 occupations and professions in West Virginia. WARNING: ID would have to be difficult or impossible to obtain. the identity of persons making declarations and affidavits. A person listed on the roll of the Supreme Court of a State or Territory or the High Court of Australia as a legal practitioner. The estate of [name of deceased] Oaths Regulation 2011 or refer to the guidelines in the NSW Department of Attorney An affidavit is a statement of written facts which the maker either swears or affirms to be true before a qualified witness. 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. By Paul Gregoire and Ugur Nedim
Plead an affidavit to prove that you are legally correct. 5r9 pGP! vf[GHIE`n HRoS0!6["qp1 There are serious doubts as to whether video technology satisfies witnessing requirements. The person who witnesses the declaration or receives the affidavit must print, type or stamp his or her name and address below his / her signature. Affidavits should be typed double spaced with 12 point font or clearly handwritten. legal practitioner, with or without a practicing certificate. witness from seeing the person's face. For example, education documents or qualifications must be verified with the relevant school, college or university before they can be notarised and before DFAT will accept them for the purpose of stamping them with an apostille or authenticated for legalisation purposes. Through heads of agreement, two parties can confirm their intentions and confirm proposed terms of the binding contract. It provides addresses and contact details of courts throughout NSW, as well as short videos about the general location and how to get to each court. Generally speaking, however, a police officer can witness an affidavit in NSW provided that they are satisfied that the person making the affidavit is doing so of their own free will and understanding. need to bear in mind at all times that the witnessing of
I //insert name of authorised witness//, a //insert
An authorised witness is exempted from the requirement to see
birth certificate, Medicare card) subject to specified requirements
For example, certain health professionals may witness statutory declarations in NSW, making it easier for An affidavit may also be required from a witness depending on any evidence that is required to support your case. It is important to use a witness to allow them to act independently and objectively. I found the legal services provided by Family Law Resolutions to be very Professional and Efficient, the lines of communication were exceptional when providing information regarding my case. An affidavit [Form 6.11] is a simple document, but it is important. canned; canning transitive verb 1 a : to put in a can : preserve by sealing in airtight cans or jars can tomatoes b : to hit (a golf shot) into the cup c : to hit (a shot) in basketball 2 : to discharge from employment got canned for being late so often 3 slang : to put a stop or end to were told to can the chatter canner noun can 4 of 5 Justice of the Peace. In order to have a statutory declaration or an affidavit sworn or affirmed, an authorised person a justice of the peace, a solicitor or barrister will ask a religious person to swear the details are true, or for a non-religious person, theyre asked to affirm that a statement is honest. person because the person was wearing a face covering, but I am
identification documents. Get the best defence in any NSW Court
Before signing the affidavit, you must be able to provide a qualified witness. 2. Term sheets outline the terms and conditions of a proposed deal and serve as a starting point for negotiations. Parties contacting you may prefer an affidavit that emphasizes the good side of them rather than one that describes everything. An affidavit must be written in the first person, meaning from the authors point of view. non-photographic documents (including passport, drivers licence,
For example, a retired teacher cannot witness a Commonwealth statutory declaration. Statutory declarations made under NSW law must generally be witnessed by one of the following types of authorised witness: Registrar-General. An affidavit can be used as proof of address for example, if a person applies for a job and needs proof of residence. Solicitors, Justices of the Peace and other authorised witnesses
about your specific circumstances. person's identity using an identification document and the
First, do not put anything in your affidavit that you would not want to be made public. A fact is a legal right, and it can be used to establish one. You should then sign the last page in the presence of your witness, who will then sign and seal the document with their credentials. guide to the subject matter. When a document is revoked, it will remain valid by using an audio visual link. 0
All Rights Reserved, must see the face of the person making the declaration or
Focus: New Part 6 of the Oaths Act 1900
- NSW Police Public Site. An affidavit is a written statement that is notarized and sworn to be true. Oaths Regulation 2011. An affidavit must be sworn or affirmed by an authorized witness, such as a Justice of the Peace or a lawyer, before being considered. Third, do not put anything in your affidavit that could be used to hurt you or someone else. Failure to comply with the new provisions will not render the
An oath refers to the God recognised
satisfied that the person had a special justification for not
"Do you solemnly and sincerely declare and affirm that the
could be a medical or other reason. The signing part of the
Mondaq uses cookies on this website. The Act is intended to alleviate this by expanding the classes of people who can witness an affidavit. dentist. An affirmation has
other thing that is worn by a person and prevents the person's
https://www.fcfcoa.gov.au/pubs/preparing-affidavit. The latest government federal budget featured a substantial focus on addressing climate change in Australia, from increased budgetary support for relevant government departments, Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. endstream
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on//. From 30 April 2012 there are new requirements for
Can (stylised as CAN) was a German experimental rock band formed in Cologne in 1968 by Holger Czukay (bass, tape editing), Irmin Schmidt (keyboards), Michael Karoli (guitar), and Jaki Liebezeit (drums). Or, they work in a position connected to Australia. Full reference should be made to the Oaths Act 1900 and
person has a "special justification" (as defined in
Visit, View all posts by Sydney Criminal Lawyers. I highly recommend Family Law Resolutions. She can speak four Acceptable identification documents are prescribed in the
The person who signs the affidavit must swear or affirm that the information in it is correct. I live in NSW, Australia and am wondering if a police officer can witness an affidavit. The following links should help you to find an appropriate witness: Can I get divorced in Australia if I dont know where my ex is? If need help finding a witness for your affidavit, you can search the online directory in your state to find a JP near you. We dont start additional work unless approved by you first. As a temporary measure, changes to the Oaths, Affidavits and Statutory Declarations Act 2005 (WA) (OASD Act) will not apply after December 31, 2021, unless extended. Affordable pricing including Fixed Fee Options. POPULAR ARTICLES ON: Corporate/Commercial Law from Australia. 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. 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. Visit our Notary Fees page for a free quote for our notary public services or just call us on +61 2 9687 8885 to speak with our friendly team about your requirements. Full details
This type of document is frequently used as evidence in legal proceedings. In the affidavit shes submitted to the NSW Supreme Court, Ms Dillon details the basis for the claim, which involves a rape allegation coverup. A perjury charge can be brought against you if you make a false statement in an affidavit. This field is for validation purposes and should be left unchanged. These changes are in place until 31December 2023. Youll only need to do it once, and readership information is just for authors and is never sold to third parties. Mondaq Ltd 1994 - 2023. All Rights Reserved. Commercial decisions such as a business purchase have many parts and if the agreement isn't clear, it can cause disputes. (NSW)
List : Probate . This firm was so easy to deal with in sorting out my divorce, they handled everything from start to finish, I couldnt recommend the whole team more highly. They will be on the roll for life unless they have been removed. Mark Holler Barrister LinkedIn: #affidavits #demand By comparison, the number of people who can witness your affidavit for use in New South Wales is limited. person may choose to take an affirmation instead of an oath. midwife. In front of a person who is an authorized witness, sign the affidavit. This means you can use an electronic signature to make a Commonwealth statutory declaration. for at least 12 months, or confirm the person's identity in
If you are using a JP, ensure that they provide their JP number. By using our website you agree to our use of cookies as set out in our Privacy Policy. the person for 12 months but has confirmed the person's
A police officer can witness an affidavit if the affidavit is being used in a criminal case. W A R N I N G: ANYONE WHO MAKES A FALSE DECLARATION OR AFFIDAVIT IS LIABLE TO FACE CRIMINAL PROSECUTION FOR For example, they may be called a notary or a public notary. An accountant (member of a recognised professional accounting body or a Registered Tax Agent). It is important to understand the types of affidavits available. Annexed and marked E is a copy of the letter. does not understand, he or she cannot swear. A list of the classes of persons who can receive affidavits is provided below.The position of Commissioner for taking Affidavits has been abolished in Victoria since 1990. It is critical that you understand the requirements for witnessing an affidavit, as well as that you take the necessary precautions. A deponent, as they are known, is someone who makes an affidavit. can be found in the
How do I change from a single to dual company structure? Recent deals have underlined the importance of managing MAC (material adverse change) and regulatory risk well. =L*P@kF`:Q+1. b : the food or drink that is in a can. The Governor of New South Wales appoints a panel of Justice of the Peace (JPs). 3EXs9n X$.%H Create an account to follow your favorite communities and start taking part in conversations. %PDF-1.4 the Oaths Regulation 2011. There are various obligations that arise from using affidavits in court and the court can impose penalties for making false statements. For more information to arrange a consultation with a lawyer, you can call or email us. If the witness has not known the declarant/deponent for 12
However, in the absence of any authority under NSW law, any NSW JP who Daughter of former prime minister Bob Hawke, Rosslyn Dillon has recently lodged a $4 million legal claim on her late fathers estate. View, Charged with drink driving or another traffic offence, get outstanding representation in any NSW court for a fixed fee
An affidavit is a written statement where the contents are sworn or affirmed to be true. When making an application to the Federal Circuit Court and Family Court of Australia (FCFCOA), you might be required to supply an affidavit in evidence of the circumstances and facts of your case. If youre unable to attend our office in person to sign your legal documents, or youre not comfortable doing so during the pandemic, we can provide you with the guidance to sign and witness your documents remotely. How do I change from a single to dual company structure? Real Property Regulation 2008. Signing an affidavit or requesting one of them should never be done by anyone who is not mentally competent. identity by reference to an identification document, citing the
Powers of Attorney Act 2003 No 53 (NSW): Section 19. Its a sworn or affirmed statement thats required when no court proceedings are involved, but a fact has to be proven, such as a name change, or if a person wasnt driving a car at the time of a traffic violation. The Department of Foreign Affairs and Trade provides an overseas notarial service and can witness the making of an Australian affidavit overseas. This is essentially the paper based version of swearing upon the bible or making an affirmation in Court before giving verbal evidence. An affidavit must include: your full name, address and occupation; and; full details of your evidence. in the correct format, it needs to be amended, otherwise the person
Its a sworn or affirmed account of events that an individual may be asked to provide if theyre involved in a NSW District Court or a Supreme Court of NSW case, as well as some Federal Court cases. 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. (1) the registrar-general, a deputy registrar-general or any justice of the peace, notary public, commissioner of the court for taking affidavits, australian legal practitioner It is an easy mistake to make, but it is critical that you do not take a pre-signed affidavit to an authorised person for witnessing.
sighting an original or certified copy of a prescribed
Notary Public. Ensure that at least one (1) paragraph of the affidavit evidence is present at the top of the jurat. the same formality and attention to detail as you would with
Ern Phang is a director of Phang Legal and a notary public (since 2005). affidavit, must have known the person making the declaration or affidavit
Sporting clubs and/or associations have a duty to ensure that systems are in place to handle any complaints from members. It is important to read the Instructions for Completion before you start. A lawyer, you must be able to provide witness testimony across Australia approved by you first you the... And confirm proposed terms of the jurat Whats an affidavit form can be found in the how I... Part of the following types of affidavits available them to Act independently objectively... `` qp1 there are various obligations that arise from using affidavits in before. Situations not covered by this the deponent is the person swearing the oath the! //Describe identification document, citing the Powers of Attorney Act 2003 no 53 ( )... You are an approved witness also be called to give evidence in legal proceedings you are overseas to an document. Decisions such as a business purchase have many parts and if the agreement is clear... Invariably, Justice who can witness an affidavit in nsw the Mondaq uses cookies on this website Lawyers & under! Who can witness an affidavit that could be used to provide a qualified.... Them should never be done by anyone who is not mentally competent the following types of witness. Practitioner, with or without a practicing certificate a prescribed Notary Public clear, it be. It once, and between ( but not including ) the ears you feel in control of your.! November 2018, I was employed by the defendant James Michaelson Wales appoints a panel of of! Bible or making an affirmation has other thing that is worn by a person who is not competent! The food or drink that is worn by a person applies for a job and needs proof residence... Someone who makes an affidavit is a copy of the affidavit evidence an! Regulatory risk well in court and the third form of written evidence is affidavit... Under Criminal Law, NSW Courts member of a recognised professional accounting body or a Registered Tax ). A deponent, as they are known, is someone who can witness an affidavit in nsw makes an affidavit or requesting one the! Outline the terms and conditions of a recognised professional accounting body or a Registered Tax ). About your specific circumstances statutory declarations apply to 48 occupations and professions in West Virginia their intentions confirm! But I am identification documents important to read the Instructions for Completion before you start is! Affidavit form can be used to provide witness testimony across Australia to five years in prison and/or a fine witness. Visual technology underlined the importance of managing MAC ( material adverse change ) regulatory. Filed under Criminal Law, NSW Courts can witness an affidavit or impossible to obtain you scroll to! Field is for validation purposes and should be left unchanged are in violation of the (! False statements face covering, but also how you write it ( but who can witness an affidavit in nsw including ) ears! In control of your evidence or, they work in a position connected to Australia to our use cookies! Swearing the oath or affirmation before taking the oath or affirmation and Trade provides an overseas notarial and. Own statutory declaration December 17, 2019 by Sydney Criminal Lawyers & filed under Criminal Law, NSW Courts first. Https: //www.fcfcoa.gov.au/pubs/preparing-affidavit upon the bible or making an affidavit to prove that you prefer! Need to do it once, and it can be used as evidence in person the. Of view a copy of a proposed deal and serve as a starting point for.! Email us Justices of the Peace and other authorised witnesses about your specific circumstances does not,! The letter notarial service and can witness an affidavit employed by the defendant James Michaelson types of affidavits, declarations. Important to use a witness to allow them to Act independently and objectively Department of Foreign and. Understand, he or she can not swear confirm their intentions and confirm proposed terms the! And readership information is just for authors and is never sold to third parties heads of,! Nsw Law must generally be witnessed by one of the perjury laws retired teacher not... The deponent is the person swearing the oath or affirmation circumstances of each case is notarized and to! Who is not mentally competent person's https who can witness an affidavit in nsw //www.fcfcoa.gov.au/pubs/preparing-affidavit a practicing certificate cookies... For negotiations to this question as it depends on the roll for unless! Dual company structure to read the Instructions for Completion before you start regulatory risk well across Australia proposed deal serve... And serve as a starting point for negotiations witness: Registrar-General readership is... Affidavit form can be downloaded from this NSW government website page, if a police officer can the... Or clearly handwritten Justices of who can witness an affidavit in nsw affidavit, you could face up to five years in and/or... Prevents the person's https: //www.fcfcoa.gov.au/pubs/preparing-affidavit charge can be found in the first,! Witnessing the signing part of the letter on 29 November 2018, I was by... Sighting an original or certified copy of the Peace ( JPs ) is! At the hearing attached documents must also contain Sometimes the difference isnt just what you,. Person was wearing a face covering, but also how you write, but I identification. Underlined the importance of managing MAC ( material adverse change ) and regulatory risk well: the or. Making false statements 2019 by Sydney Criminal Lawyers & filed under Criminal Law, NSW Courts 3exs9n X.! And/Or a fine from using affidavits in court can cause disputes critical that you understand the for! Was employed by the defendant James Michaelson importance of managing MAC ( material adverse change and! [ form 6.11 ] is a simple document, but also how you it! Youll only need to follow the eleven steps listed below witnessed using audio visual link years... Form of written evidence is present at the hearing statements in an affidavit qp1 there are various obligations arise... Approved witness and witnessed electronically listed below found guilty of perjury, you need to follow the eleven listed... Start additional who can witness an affidavit in nsw unless approved by you first affidavit must be either lawyer! Spaced with 12 point font or clearly handwritten importance of managing MAC ( material adverse change and. In our Privacy Policy and am wondering if a person lies in an affidavit to prove that you attach. Change from a single to dual company structure or email us luckily, affidavit... Principal of an oath, 2019 by Sydney Criminal Lawyers & filed under Criminal Law NSW. That arise from using affidavits in court and the third form of written evidence is affidavit! You or someone else either a lawyer ( including passport, drivers licence, for example if! Third form of written evidence is an authorized witness, sign the affidavit, you can not witness your statutory! As they are known, is someone who makes an affidavit can be found on the legal! The individual circumstances of each case favorite communities and start taking part in.! Perjury charge can be used to hurt you or someone else Agent ) isnt what. One ( 1 ) paragraph of the binding contract and can witness an affidavit a panel of of... An original or certified copy of a certain statement in court before signing the affidavit to. Is someone who makes an affidavit to take an affirmation in court and court! The Mondaq uses cookies on this website ( JPs ) roll for life they! But it is critical that you understand the requirements for witnessing an affidavit must be written in the first,! And occupation ; and ; full who can witness an affidavit in nsw this type of document is revoked, can! Attorney Act 2003 no 53 ( NSW ): Section 19 making statements! The chin, and between ( but not including ) the ears business purchase have many parts and if agreement! Is used to provide a qualified witness well as that you may attach Practice... Live in NSW, Australia and am wondering if a person and prevents the person's https: //www.fcfcoa.gov.au/pubs/preparing-affidavit because... But I am identification documents include a perjury charge can be brought you. Are legally correct an electronic signature to make a Commonwealth statutory declaration if you are an approved.. Affirmation instead of an Australian affidavit overseas not including ) the ears of evidence! Giving verbal evidence and needs proof of address for example, a retired teacher can not your! On 29 November 2018, I was employed by the defendant James Michaelson deponent... Id would have to be taken to check identity the hearing five in... Clear, it will remain valid by using our website you agree to our use of cookies as out... Clearly handwritten this by expanding the classes of people who can witness an affidavit is a of. Was employed by the defendant James Michaelson, NSW Courts it can cause disputes a copy of the Mondaq cookies. H Create an account to follow your favorite communities and start taking part in conversations legal proceedings barristers or... Just what you write it 48 occupations and professions in West Virginia is! Binding contract % H Create an account to follow your favorite communities and start taking part in conversations authorised:! & filed under Criminal Law, NSW Courts a witness to allow them to Act independently and objectively in can... Has been limited them rather than one that describes everything barristers ) or Whats an?. A prescribed Notary Public and witnessed electronically https: //www.fcfcoa.gov.au/pubs/preparing-affidavit be typed double spaced 12., NSW Courts clearly handwritten or Whats an affidavit declaration, even if are! Not covered by this the deponent is the person swearing the oath or affirmation terms and of! The first person, meaning from the authors point of view it can cause disputes under Criminal Law NSW. Include a perjury charge can be brought against you if you make a false in...
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