The various formulations used in the authorities about the requirements for a supporting affidavit under s 459G(3) of the Corporations Act — 'fair notice', 'fairly alert', and 'expressly, by necessary inference or by a reasonably available inference' — all convey the same requirement: the affidavit must support the application by identifying the grounds for resisting the statutory demand. There is no divergence between the Victorian and New South Wales authorities on this point. Courts should use the statutory language of 'support' rather than judicial glosses. The particular genuine dispute relied upon must be identified in the supporting affidavit filed within the statutory period; a different dispute cannot be raised in later affidavits.
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