CTHRepealedLegislation
Federal Court (Bankruptcy) Rules 2005
PART 2 AFFIDAVIT VERIFYING CREDITOR’S PEPART 2 AFFIDAVIT VERIFYING CREDITOR’S PETITION
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## PART 2 AFFIDAVIT VERIFYING CREDITOR’S PETITION
On \[date\], I, \[name, address and occupation of deponent\], \*say on oath/\*affirm:
1. I am the applicant \[or I am a director of the applicant or I am a \[occupation\] of the applicant and, as such, have access to the books and records of the applicant and am authorised to make this affidavit on the applicant’s behalf\].
2. The statements made in paragraphs 1, 2 and 3 of the creditor’s petition are within my own knowledge true.
3. In respect of the statements made in paragraph 4 of the creditor’s petition, I say the respondent failed, within 21 days after service of the bankruptcy notice, to pay the debt or make an arrangement to \*my/\*the applicant’s satisfaction for payment of the debt.
\*Sworn/\*affirmed at \[place\]
Before me:
\[signed, person before whom deponent swears or affirms affidavit\]
> Note 1 If necessary, this affidavit, and any other affidavit verifying the petition, may be filed as a separate document in accordance with Form 59 of the Federal Court Rules 2011 with the heading prescribed by subrule 1.06(3) of these Rules. If this affidavit is filed as a separate document, a copy of the petition must be attached to it.
> Note 2 If the petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(d) of the Bankruptcy Act, the information required by rule 4.03 may be included in this affidavit (or, if an affidavit of the kind mentioned in Note 1 is filed, in that affidavit).
> Note 3 If the petition is founded on an act of bankruptcy mentioned in paragraph 40(1)(g) of the Bankruptcy Act, the information required by rule 4.04 may be included in this affidavit (or, if an affidavit of the kind mentioned in Note 1 is filed, in that affidavit).
> Note 4 A creditor must give a copy of this petition to the Official Receiver within 3 working days after presentation — see subregulation 4.05(1) of the Bankruptcy Regulations.
\* Omit if inapplicable