Australian Capital Territory Numbered Regulations

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

    SCHEDULE     Rule 5

PART I

FORM 93B

AFFIDAVIT UNDER SUBSECTION 459E (3)

OF THE CORPORATIONS LAW

(Order 75B, rule 36A)

( name of creditor )
Creditor

( name of company )
Debtor

AFFIDAVIT

On ( date ), I ( name, address and occupation ) say on oath:

1.     The facts entitling me to make this affidavit are as follows: ( set out facts )

2.     I believe that the amount of $ , being the *[debt/the total of the amounts of the debts specified in the accompanying demand], is due and payable by the debtor to the creditor.

3.     The source of my knowledge of the matters stated in this affidavit concerning the *[debt/ debts] is as follows: ( set out source )

4.     I believe that there is no genuine dispute about the existence or amount of the *[debt/debts] referred to in paragraph 2.

SWORN at: )
before me: )

NOTE:

(1)     This affidavit accompanies a statutory demand under subsection 459E (3) of the Corporations Law.

(2)     *[No proceedings/No winding up proceedings] have been commenced in respect of the *[debt/debts] to which this affidavit relates.

(3)     Any questions relating to this affidavit or the *[debt/debts] to which it relates should be directed either to the person named as creditor or the creditor's solicitors.]

*( Delete whichever is inapplicable )

    PART II    

FORM 94

AFFIDAVIT VERIFYING DEBT UNDER SECTION 459Q
OF THE CORPORATIONS LAW

(Order 75B, subrule 37 (4))

(Heading in Form 75)

On ( date ), I ( name, address and occupation ) say on oath:

1.     The facts entitling me to make this affidavit are as follows: ( set out facts )

2.     I believe that the amount of $ , being the *[debt/ the total of the amounts of the debts] specified in the statutory demand served on the respondent, is due and payable by the respondent to the applicant.

3.     The source of my knowledge of the matters stated in this affidavit concerning the *[debt/ debts] is as follows: ( set out source )

4.     I believe that there is no genuine dispute about the existence or amount of the *[debt/ debts] referred to in paragraph 2.

5.     The respondent has failed to pay the amount of $ ( amount ) to the applicant or to secure or compound for that amount to the reasonable satisfaction of the applicant.

SWORN at: )
before me: )

*( Delete whichever is inapplicable )