Deficiencies in the affidavit accompanying a statutory demand are not 'defects in the demand' under s 459J(1)(a) but fall to be considered under s 459J(1)(b) as 'some other reason' to set aside the demand. An affidavit sworn before the date of the statutory demand cannot verify that demand. Failure to state the source of the deponent's knowledge and failure to depose to a belief that there is no genuine dispute are serious deficiencies that, particularly in combination with defects in the demand itself, warrant setting aside the demand. Courts should not speculate about what a deponent could have said had they addressed their mind to the required matters.
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