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See UCPR 39.21 for more information.
You MUST use this [Form 67] Judgment Creditor’s Notice if you:
1️⃣ Have registered a Writ for the Levy of Property in the Register kept under s 105 of the Real Property Act 1900 (NSW) or in the General Register of Deeds kept under s 186 of the Conveyancing Act 1919 (NSW);
2️⃣ Have received notice from the Sheriff that the debt cannot be satisfied against goods owned by the Judgment Debtor; and you
3️⃣ Want the Judgment Debtor's land to be sold (after waiting 4 weeks from the date of service of this Notice on the Judgment Debtor) to satisfy the judgment debt.
UCPR 4.7A sets out how you are to describe the land in this Notice.
Before you file this [Form 67] Judgment Creditor’s Notice:
⚖️ You MUST file an Affidavit that verifies that the writ has been registered and that you have received notice from the Sheriff that the debt cannot be satisfied against goods owned by the Judgment Debtor.
The Affidavit should be made by the person or persons who have knowledge of the facts that are included in the Affidavit and include reference to the source of the person’s knowledge and belief, if appropriate.
For detailed instructions regarding properly making the Affidavit please refer to this FAQ.
⚖️ You MUST file 2 copies of this [Form 67] Judgment Creditor’s Notice at the Court where the Writ for Levy of Property was issued.
⚖️ The Court will seal this Notice and you MUST serve a copy on the Judgment Debtor.
✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005;
✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court.
Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.
The type of Notice you are filing with the NSW Courts will determine whether a specific UCPR form is required to be filed, and what documents are required to be filed in support.
In short, due to the complexities involved in determining which form of Notice to use, together with the crucial importance of getting the details of the Notice and supporting documentation right:
➲ We recommend you contact our legal team to obtain legal advice and guidance regarding which:
⚖️ Form is required due to the type of Notice being filed; and which
⚖️ NSW Courts Practice Note (if any) applies; and accordingly which
⚖️ Documents MUST or may be filed in support of your Notice.
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You (the deponent) make an Affidavit by swearing or affirming that the Affidavit’s contents are true before a witness who must be one of the following:
• A Justice of the peace (“JP”)
• A Solicitor
• A Barrister
• A Commissioner for affidavits
• A Notary public.
You MUST:
• Sign in the presence of the witness
• Sgn the foot of each page (excluding annexures)
• Initial any alterations, additions or erasures.
You or the witness MUST:
• Write or type the date in the title at the top of the front page of the Affidavit and in the introductory paragraph of the Affidavit
• Delete the word ‘Affirmed’, if you have taken an oath OR delete the word ‘Sworn’, if you have made an affirmation.
Following this, the witness MUST sign:
• underneath the words ‘Sworn (or Affirmed) at [place]’
• at the foot of each page of the Affidavit (although there is no need for the witness or deponent to sign the first page if it is only the title page of the Affidavit, containing none of the substance)
• the certificate endorsed on any annexure
• the certificate attached to any exhibit.
The witness must initial any alterations, additions or erasures (see UCPR 35.5).
The Affidavit MUST include:
• the witnesses’ name and address
• the JP’s registration number, if relevant.
If the witness is a JP, the JP may provide his or her registration number as a JP in place of the JP’s address.
JPs must write their registration number on any document they sign or witness as a JP in accordance with the “Guidelines for Justices of the Peace” developed in accordance with requirements under the Justices of the Peace Act 2002 (NSW) and the Justices of the Peace Regulation 2014 (NSW) and outlined in the Justices of the Peace Handbook.
If the witness is a notary public, the notary public must apply his or her seal.
Where an Affidavit or witness statement is being taken and the deponent or the witness requires an interpreter, the interpreter must give a certification in the form contained within the forms.
See UCPR 35.6 for more information.
If you are annexing documents to an Affidavit, you must include a certificate on the annexure that contains the following information.
The certificate must not be on a separate page from the annexure.
The pages of the Affidavit and the annexures must be consecutively numbered in a single series of numbers.
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