Advice

Service of a document is usually confirmed by either a sworn affidavit or a witness statement accompanied by a statement of truth. A witness statement or a certificate of service is becoming more widely accepted.

Insolvency rules changed recently and a Certificate of Service can now be used to confirm service of Statutory Demand (form 6.11a), Substituted Service of a Statutory demand (form 6.12), Bankruptcy Petitions (form 6.17a), Substituted Service of a Bankruptcy Petition (form 6.18a) and Winding-Up Petitions (Form 4.4).

The Certificate should incorporate a statement of truth signed by the Process Server.

Affidavits

An affidavit is a written declaration made under oath; a written statement sworn to be true before someone legally authorised to administer an oath such as a Solicitor or a Court Officer authorised by a Judge to administer oaths. Sometime it is necessary to swear the affidavit before a Notary Public.

Affidavits are made by writing "I (state full name) of (insert address) on this date (date in words) make oath and say as follows...".

The facts to be sworn are listed, in prose or in bullet points. The document is then taken to a commissioner for oaths. The commissioner for oaths then asks the witness to swear on a holy book and to verify what has been stated.

It is important that a affidavit is completed correctly otherwise it could be refused by the Court.

Witness Statement or Statement of Truth

This is a signed document, written by the witness or their representative, declaring what they saw or did. It is very much like the affidavit expect it is not sworn.

Like the affidavit it is important that a witness statement is completed correctly otherwise it may be rejected.

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