A verifying affidavit sworn before the date of the statutory demand it purports to verify is ineffective to verify the demand for the purposes of s 459E(3) of the Corporations Act 2001 (Cth). The absence of a valid verifying affidavit is not a mere 'defect' in the demand within s 459J(1)(a) and (2), but constitutes 'some other reason' to set aside the demand under s 459J(1)(b), without any need to demonstrate substantial injustice. An updating affidavit served contemporaneously with the demand may cure the deficiency, but a post-service updating affidavit cannot.
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