The Affidavit of Non Filing is a crucial legal document used in Australian jurisdictions when there is a need to formally declare and provide evidence that certain documents have not been filed or received. This type of affidavit is commonly required in various situations, such as court proceedings, corporate compliance matters, or administrative processes where the non-filing of documents needs to be officially documented. The document must be sworn or affirmed before an authorized witness and must comply with relevant legislation including the Statutory Declarations Act 1959 and state-specific Oaths Acts. It typically includes detailed information about the documents in question, the period of non-filing, and the steps taken to verify the non-filing status. The affidavit may be used in conjunction with legal applications, regulatory compliance, or as evidence in legal proceedings.
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1. Title and Court Reference: Identifies the document as an Affidavit of Non Filing and includes any relevant court reference numbers
2. Deponent Details: Full legal name, address, and occupation of the person making the affidavit
3. Oath/Affirmation Statement: Formal statement confirming the truth of the contents under oath or affirmation
4. Authority and Capacity: States the deponent's role and authority to make declarations about the unfiled documents
5. Document Identification: Clearly identifies the documents that have not been filed or received
6. Period of Non-Filing: Specifies the relevant time period during which the documents were not filed/received
7. Verification Steps: Details the steps taken to verify that the documents were not filed/received
8. Declaration of Truth: Final statement affirming that all information provided is true and correct
9. Execution Block: Space for signature, date, and witness details as required by law
1. Related Correspondence: Details of any correspondence or communications regarding the unfiled documents, used when there has been relevant communication about the documents
2. Search Results: Results of searches conducted in relevant registries or databases, included when formal searches have been performed
3. Explanation of Circumstances: Explains why the documents were not filed, if known and relevant to the purpose of the affidavit
4. Impact Statement: Description of any consequences of the non-filing, included when relevant to the legal proceedings
5. Relief Sought: Statement of any specific relief or action requested, included when the affidavit is part of a broader legal application
1. Schedule A - Document List: Detailed list of all documents that have not been filed, including dates, reference numbers, and document types
2. Schedule B - Search Records: Copies or details of official searches conducted to verify non-filing
3. Schedule C - Correspondence Log: Chronological list of relevant correspondence regarding the unfiled documents
4. Appendix 1 - Supporting Documents: Copies of relevant supporting documents referenced in the affidavit
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