Commonwealth Numbered Regulations

1995 No. 449 FEDERAL COURT RULES (AMENDMENT) - RULE 25

25.1 After rule 36A, insert: Form of affidavit in support of statutory demand
after 31 March 1996-section 459E

"36AB. (1) An affidavit referred to in subsection 459E (3) of the Corporations
Law must:

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

   (b)  set out the facts entitling the deponent to make the affidavit; and

   (c)  state the source of the deponent's knowledge of the matters stated in
        the affidavit concerning the debt or debts; and

   (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 that 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; and

   (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 Form 93BA; and
(b) contain the statement headed "Important Note" set out in the Form; and

   (c)  not state a proceeding number.

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

"(5) Despite subrule (1), for the purposes of subsection 459E (3) of the
Corporations Law, an affidavit referred to in that subsection that complies
with the rules of the Supreme Court of the 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) For the purposes of this rule 'Crown' means the Crown in right of the
Commonwealth, in right of a State or in right of a Territory, as
appropriate.".