Australian Capital Territory Numbered Regulations

SUPREME COURT RULES (AMENDMENT) (NO. 31 OF 1996) - REG 4

        (a)     by omitting paragraph (4) (b) and substituting the following paragraph:

    “(b)     if the debt is not a judgment debt, an affidavit which—

              (i)     is in accordance with Form 94;

              (ii)     is made by the applicant, or if there is more than 1 applicant, by 1 of them;

              (iii)     sets out the facts entitling the deponent to make the affidavit;

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

              (v)     states that the deponent believes those matters to be true; and

              (vi)     states 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.”;

        (b)     by omitting subrules (5) and (6) and substituting the following subrules:

“(5) Where the applicant is 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.

“(5A) Where the applicant is 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.

“(5B) Where the applicant is 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.

“(6) On filing and serving an application referred to in subrule (3), the applicant shall also file and serve an affidavit which—

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

        (b)     unless the Court orders otherwise—was made by a person who has knowledge of the facts relied on to support the application.”;

        (c)     by omitting subrule (8) and substituting the following subrule:

“(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) shall serve, in a manner permitted by section 220, on the company—

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

        (b)     the affidavits on which it relies; and

        (c)     any nomination of a liquidator under subrule (7).”; and

    (d)     by adding at the end the following subrule:

“(17) In this rule—

‘Crown' means the Crown in right of the Commonwealth, in right of a State or in right of a Territory.”.

Schedule 12