Find all needed information about Affidavit In Support Of Statutory Demand. Below you can see links where you can find everything you want to know about Affidavit In Support Of Statutory Demand.
https://www.bartier.com.au/insights/articles/creditors-statutory-demands-defects-in-the-supporting-affidavit-order-restored/
Rule 5.2 of the Supreme Court (Corporations) Rules (NSW) states that an affidavit accompanying a creditor’s statutory demand must be in the form of Form 7 (“the Form”). The Form, as found in Schedule 1 of the Rules, includes the statement “I believe that there is no genuine dispute about the existence or amount of the *debt/*any of the debts”.
https://www.courts.qld.gov.au/__data/assets/word_doc/0005/87881/ca-f-7-affidavit-accompanying-statutory-demand.doc
1. I am [state deponent’s relationship to the creditor(s), eg, ‘the creditor’, ‘(name), one of the creditors’, ‘a director of the creditor’, ‘a director of (name), one of the creditors’] named in the statutory demand, which this affidavit accompanies, relating to the *debt/*debts owed by [name of debtor company].
http://wbus.westlaw.co.uk/forms/pdf/cpf09180.pdf
Affidavit in Support of Application to Set Aside Statutory Demand (a) Insert name address and description of person making the oath I (a) make oath and say as follows: (b) Insert date 1. That on (b) the statutory demand exhibited hereto and marked “A” came into my hands. (c) Insert one of the 8 following alternatives or if
https://www.claytonutz.com/knowledge/2010/march/statutory-demands-for-creditors
the affidavit is sworn some time before the date of the statutory demand. Ideally, the affidavit should be sworn by someone in the creditor's office who has first-hand knowledge of both the quantum of the debt and its history (because knowledge of that history provides the basis for …
https://stonegatelegal.com.au/how-to-draft-a-statutory-demand-form-509h/
If you are serving the statutory demand with an affidavit in support, then delete the first option and keep the second option. The deponent is the person who has sworn or affirmed the affidavit. This is usually the director of the creditor (if the creditor is a company) or the creditor (if a natural person).
http://www.mondaq.com/australia/x/124024/Solicitors+warned+against+swearing+affidavits+in+support+of+statutory+demands
Feb 23, 2011 · In Austech Institute for Further Education Pty Ltd v Britt [2010] NSWSC 56, the plaintiff (Austech) applied to set aside a statutory demand in respect of a debit of A$260,901 on the basis that the affidavit verifying the statutory demand was defective. The affidavit was sworn by the solicitor for the defendant creditor who deposed that:
https://pointonpartners.com.au/creditors-statutory-demands/
Statutory demand and any affidavit is served on the debtor company The debtor company is given 21 days from service to either: Pay the debt or reach agreement to pay the debt on terms; or Make application to the Supreme Court or the Federal Court to set aside the statutory demand
http://www.fedcourt.gov.au/law-and-practice/guides/corporations-guides/information-sheet-1
The affidavit or affidavits in support must: (a) Contain details of how and when the Statutory Demand was served on the company (b) Contain details of the failure of the company to comply with the Statutory Demand (c) State whether and, if so, to what extent the debt, or each of the debts,...
https://legalvision.com.au/statutory-demand/
Aug 31, 2016 · There are two ways you can ‘support’ your statutory demand: with a judgment of the Court; or; an affidavit. If a judgment or affidavit does not accompany your statutory demand, then it will be set aside. How Do You Serve a Statutory Demand? Statutory demands may be served to people or companies across Australia.
http://www.fedcourt.gov.au/forms-and-fees/forms/corporations-rules/corpform7.doc
3 [State the source of the deponent’s knowledge of the matters stated in the affidavit in relation to the debt or each of the debts, eg ‘I am the person who, on behalf of the creditor(s), had the dealings with the debtor company that gave rise to the debt’, ‘I have inspected the business records of the creditor in relation to the debtor company’s account with the creditor’].
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