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    Affidavit of Fiona Frame - 31 January 20Xx

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    Debbie
    1) Fiona Frame is seeking to set aside a default judgment entered against her on January 22nd in a small claims case regarding payment for IT work. 2) She did not file a defense because she did not receive the statement of claim and was unaware of the legal proceedings, as she had recently moved cities to care for her ill aunt. 3) She has a valid defense that the plaintiff did not complete the contracted work and the website and computer system are not functioning properly.

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    Affidavit of Fiona Frame - 31 January 20Xx

    Uploaded by

    Debbie
    66 views3 pages
    1) Fiona Frame is seeking to set aside a default judgment entered against her on January 22nd in a small claims case regarding payment for IT work. 2) She did not file a defense because she did not receive the statement of claim and was unaware of the legal proceedings, as she had recently moved cities to care for her ill aunt. 3) She has a valid defense that the plaintiff did not complete the contracted work and the website and computer system are not functioning properly.

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    1) Fiona Frame is seeking to set aside a default judgment entered against her on January 22nd in a small claims case regarding payment for IT work. 2) She did not file a defense because she did not receive the statement of claim and was unaware of the legal proceedings, as she had recently moved cities to care for her ill aunt. 3) She has a valid defense that the plaintiff did not complete the contracted work and the website and computer system are not functioning properly.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    66 views3 pages

    Affidavit of Fiona Frame - 31 January 20Xx

    Uploaded by

    Debbie
    1) Fiona Frame is seeking to set aside a default judgment entered against her on January 22nd in a small claims case regarding payment for IT work. 2) She did not file a defense because she did not receive the statement of claim and was unaware of the legal proceedings, as she had recently moved cities to care for her ill aunt. 3) She has a valid defense that the plaintiff did not complete the contracted work and the website and computer system are not functioning properly.

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    © All Rights Reserved
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    Sample affidavit in support of a notice of motion to set aside a default judgment

    This is an example of a completed affidavit. It is important to complete this form using your own details and based
    on your own circumstances. If you need more help, get legal advice.

    Form 40 (version 5)
    UCPR 35.1

    AFFIDAVIT OF FIONA FRAME – 31 JANUARY 20XX


    COURT DETAILS

    Court Local Court


    Division Small Claims Division
    Registry Blacktown
    Case number SC20xx/766
    TITLE OF PROCEEDINGS

    Plaintiff Meena Vishwana

    Defendant Fiona Frame trading as Fantastic Florists


    FILING DETAILS

    Filed for Fiona Frame, Defendant


    Contact name and telephone Fiona Frame 02 2334 4556
    Contact email f.frame@teamail.com

    Sample only. This is not legal advice.


    2
    Sample affidavit in support of a notice of motion to set aside a default judgment
    This is an example of a completed affidavit. It is important to complete this form using your own details and based
    on your own circumstances. If you need more help, get legal advice.
    [on separate page]
    AFFIDAVIT

    Name Fiona Frame


    Address 42 Lancaster Road, Cowra NSW 2794
    Occupation Unemployed
    Date 31 January 20xx
    I affirm:

    1 I am the defendant.

    2 I did not file a defence because I did not receive the statement of claim and was not
    aware of any court proceedings.
    a. On 20 November 20xx I moved from Blacktown to Cowra to care for my aunt,
    who is very ill.
    b. I have not had any contact with the plaintiff since I received her letter of demand
    on 15 October 20xx.

    3 On 30 January 20xx, my accountant advised me that default judgment had been


    entered against me at Blacktown Local Court on 22 January 20xx.

    4 I have a valid defence to this claim:


    a. I deny that I owe the plaintiff the amount claimed. A draft defence is attached and
    marked “A”. The plaintiff did not finish the IT work she was contracted to do, the
    website does not work and the computer system keeps crashing.

    5 The reason why there was a delay in bringing proceedings to set aside judgment is:
    a. I was only notified of the default judgment on 30 January 20xx and I believe the
    delay has been reasonable.
    b. I have been caring for my ill aunt and this is the first opportunity I have had to
    bring proceedings to set aside judgment.

    Sample only. This is not legal advice.


    3
    Sample affidavit in support of a notice of motion to set aside a default judgment
    This is an example of a completed affidavit. It is important to complete this form using your own details and based
    on your own circumstances. If you need more help, get legal advice.
    AFFIRMED at Cowra
    Signature of deponent Fiona Frame
    Name of witness Jason Loor
    Address of witness 7 Now Street, Cowra NSW 2794
    Capacity of witness Justice of the peace
    And as a witness, I certify the following matters concerning the person who made this affidavit (the deponent):
    1 #I saw the face of the deponent. [OR, delete whichever option is inapplicable]
    #I did not see the face of the deponent because the deponent was wearing a face covering, but I am
    satisfied that the deponent had a special justification for not removing the covering. 1
    2 #I have known the deponent for at least 12 months. [OR, delete whichever option is inapplicable]
    #I have confirmed the deponent’s identity using the following identification document:
    NSW Driver licence

    Identification document relied on (may be original or certified copy)2

    Signature of witness Jason Loor


    Note: The deponent and witness must sign each page of the affidavit. See UCPR 35.7B.

    1
    [ The only "special justification" for not removing a face covering is a legitimate medical reason (at April 2012).]
    2
    [ "Identification documents" include current driver licence, proof of age card, Medicare card, credit card,
    Centrelink pension card, Veterans Affairs entitlement card, student identity card, citizenship certificate, birth
    certificate, passport or see Oaths Regulation 2011 or refer to the guidelines in the NSW Department of Attorney
    General and Justice's "Justices of the Peace Handbook" section 2.3 "Witnessing an affidavit" at the following
    address: http://www.jp.nsw.gov.au/Documents/jp%20handbook%202014.pdf ]
    Sample only. This is not legal advice.

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