New South Wales Consolidated Regulations

SUPREME COURT RULES 1970 - SECT 80A.15

80A.15 Form of affidavit in support of statutory demand (s 459E (3))

(1) An affidavit referred to in section 459E (3) must:

(a) subject to subrule (2), be made by the creditor or, where there is more than one creditor, by one of them,

(b) set out the facts entitling the deponent under paragraph (a) to make the affidavit,

(c) state the source of the deponent’s knowledge of the matters stated in the affidavit concerning the debt or debts,

(d) state that the deponent believes those matters to be true, and

(e) state that the deponent believes that there is no genuine dispute about the existence or amount of the debt or debts to which the demand relates.

(2) In the case of a creditor which is:

(a) a corporation-an affidavit by a member or officer of the corporation having knowledge of the facts so far as they are known to the corporation is taken to be an affidavit by the creditor,

(b) the Crown-an affidavit by an officer of the Crown having knowledge of the facts so far as they are known to the Crown is taken to be an affidavit by the creditor, and

(c) a company to which a liquidator or provisional liquidator has been appointed-an affidavit by the liquidator or provisional liquidator is taken to be an affidavit by the creditor.

(3) An affidavit under this rule must:

(a) be in accordance with the prescribed form,

(b) contain the statement headed “Important Note” set out in the form, and

(c) not state a proceeding number.

(4) An affidavit under this rule must not be filed with the Court.

(5) For the purposes of section 459E (3), an affidavit in support of a statutory demand that complies with the rules of:

(a) the Federal Court of Australia, or

(b) the Supreme Court of another State or Territory in which the registered office of the company to be served is situated,

is taken to be an affidavit that complies with this rule.

(6) In subrule (2), "Crown" includes not only the Crown in right of New South Wales but also the Crown in any other capacity.