An affidavit accompanying a statutory demand under s 459E(3) of the Corporations Act 2001 (Cth) that is sworn before the date of the demand is incapable of verifying the demand and constitutes a ground for setting aside the demand under s 459J(1)(b). The requirement in s 459E(3) is mandatory. A curative affidavit may be served with the demand but not after service. This resolves conflicting Queensland authority, with Wilson J declining to follow Holmes J in McDermott Projects and instead following Chesterman J in Technology Licensing.
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