QLD Form 46 Affidavit - Help with Originating Application?

[Emily0011]

Dear law community,

I've filled in the originating application and statement of claim. I've also filled in Form 46 however I'm not entirely sure on what to include on Form 46 as I've seen 2 examples.

Example 1: The plaintiff serving the statement of claim to the respondent and swearing oath to the serving of the statement of claim in the affidavit.

Example 2: Filling in the affidavit that the information in the statement of claim is true to the best of your knowledge.

If it's both, I assume that you need 2 individual affidavits and the originating application would look like this:

1. Affidavit for a statement of claim of (name/plaintiff) sworn on (date) (or to be sworn)

2. Affidavit that (name) served documents on the respondent to be sworn.

However, 2 may not be correct until the courts set a hearing date.

Do I also need to fill in any more information on Form 46 besides the above mentioned as this is for a type of personal injury?

Any information would be much appreciated.

Thank you very much in advance.

 

[Emily0011]

Please close this thread, thank you.

Hello, everyone.

For future references, I will give you information on how to proceed with the affidavit.

Fill in the affidavit that the applicant/s first and last names are the ones in those proceedings on the numbered paragraphs.

For example:

1. a.b and a.b2 are the applicants in these proceedings.

Fill in what jurisdiction you are going under for the originating application

2. a.b and a.b2 are filing these proceedings are under x (act) law

You should also make sure you list important information, but keep it as short as possible, as that's what the statement of claim is for.

On the last numbered paragraph, write: The originating application, statement of claim, submission of claim, this affidavit and any other relevant documents filed at the court registry with this affidavit are true and correct to a.b(name) and a.b's(name) best knowledge

After you're done, go to a JP and have the affidavit witnessed.

The registry accepted with no problems with the affidavit.

You should not file an affidavit for service until you have done all relevant information and is accepted by the registry. You will then be set a court date to attend. You may then serve the documents on the respondents.

This information above is written to the best of my logical knowledge. I hope this helps someone in the future. it's also advisable to look at legal aid's website and Google for samples of the documents mentioned above.