Affidavit of Debt

Before a creditor's petition is heard in the Federal Circuit and Family Court of Australia (Division 2), the applicant creditor must file an affidavit of a person who knows the relevant facts, sworn as soon as practicable before the hearing date, stating that each debt the creditor relies on is still owing (r 4.06(4) of the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021). The court's form page describes this form as an affidavit modified for use under that rule. It is one of the pre-hearing affidavits in r 4.06, alongside the affidavit of service of the petition (r 4.06(2)) and the affidavit of search of the National Personal Insolvency Index (r 4.06(3)).

When you need it

• You are the applicant creditor, or work for the applicant creditor with access to its records, on a creditor's petition in the court's bankruptcy jurisdiction.
• The hearing of the petition is coming up and you need to confirm the debt has not been paid.
• Not for family law bankruptcy proceedings in Division 1, which use the court's Bankruptcy family law forms.

1. 1

   Heading

   Insert the registry, the proceeding number, the debtor's name after in the matter of, and the names of the applicant creditor and respondent debtor, matching the petition.

2. 2

   Deponent details

   Enter the date, and your name, address and occupation. Tick whether you swear on oath or declare and affirm.

3. 3

   Paragraph 1 - who you are

   Tick that you are the applicant creditor, or state your position with the applicant creditor, that you have access to its books and records and are authorised to make the affidavit.

4. 4

   Paragraph 2 - the debt

   The form states that each debt the applicant creditor relies on is still owing. Only swear it if you have checked that is true at the date you sign.

5. 5

   Signature block and jurat

   Complete the filed by block (name, address for service, phone, reference) and move it to the foot of the first page as the form instructs. Sign before an authorised witness, such as a Justice of the Peace, who signs the jurat.

• File it before the hearing of the creditor's petition, sworn as soon as practicable before the hearing date (r 4.06(4)).
• The court says bankruptcy documents should be filed online using eLodgment wherever possible; otherwise contact the court about filing in person, by mail or another way.
• Formal requirements for affidavits in bankruptcy matters are in rules 17.09 to 17.16 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025, which the court's bankruptcy page refers to.
• Read the Central Practice Direction - General Federal Law proceedings before starting, as the court's form page recommends.

• Swear the affidavit close to the hearing date. An affidavit sworn weeks earlier may not show the debt is still owing.
• If any part of the debt has been paid since the petition, get advice before swearing that each debt is still owing.
• File the Affidavit of Search and the affidavit of service as well. The court needs all of the r 4.06 affidavits before it can deal with the petition.