Commonwealth Numbered Regulations

1995 No. 449 FEDERAL COURT RULES (AMENDMENT) - RULE 26

26.1 Subrule 37 (4), (5) and (6): Omit the subrules, substitute:

"(4) If an application referred to in subrule (2) is filed and served, the
applicant must also file and serve an affidavit, which may be in accordance
with Form 128:

   (a)  made not earlier than 7 days before the application is filed; and

   (b)  setting out the prescribed information.

"(5) If an application referred to in subrule (2) is an application to which
paragraph 459Q (c) of the Corporations Law applies, the affidavit that must
accompany the application must:

   (a)  be in accordance with Form 94; and

   (b)  subject to subrule (6), be made by the applicant or, if there is more
        than one applicant, by one of them; and

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

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

   (e)  state that the deponent believes those matters to be true; and

   (f)  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.

"(6) In the case of an applicant 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 applicant; 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 applicant; 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 applicant.

"(6A) 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.

"(6B) On the filing and serving of an application referred to in subrule (3),
the applicant must also file and serve an affidavit:

   (a)  setting out the material facts relied on in support of the
        application; and

   (b)  unless the Court orders otherwise-made by a person who has knowledge
        of the facts relied on to support the application.".

26.2 Subrule 37 (8): Omit the subrule, substitute:

"(8) As soon as practicable after filing the application and any affidavit in
support, and in any event not later than 14 days after the date of filing, the
applicant (unless it is the company) must serve on the company, in a manner
permitted by section 220 of the Corporations Law:

   (a)  a signed and sealed copy of the application; and

   (b)  the affidavits on which it relies; and

   (c)  any nomination of a liquidator under subrule (7).".