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Lost Note Affidavit for Australia

Lost Note Affidavit Template for Australia

A Lost Note Affidavit is a formal legal document used in Australian jurisdictions when a promissory note, negotiable instrument, or similar financial document has been lost, destroyed, or misplaced. The affidavit serves as a sworn statement detailing the circumstances of the loss, the original note's terms, and includes indemnification provisions to protect the note issuer and other relevant parties. This document must comply with Australian federal legislation, including the Bills of Exchange Act 1909 and relevant state-specific requirements for affidavits and statutory declarations.

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What is a Lost Note Affidavit?

The Lost Note Affidavit is a crucial legal instrument used in Australian financial and banking contexts when an original promissory note or similar financial instrument cannot be located or has been destroyed. This document becomes necessary when the holder needs to prove their rights to the note while protecting the issuer from potential double liability. The affidavit must be properly executed according to Australian legal requirements, including witness certification by an authorized person such as a Justice of the Peace. It typically contains detailed information about the original note, circumstances of loss, ownership rights, and indemnification provisions. The Lost Note Affidavit serves as a legally binding replacement document that enables the holder to enforce their rights while providing security to all parties involved in the transaction.

What sections should be included in a Lost Note Affidavit?

1. Title and Introduction: Formal title of the document and introduction of the affiant, including full legal name, occupation, and address

2. Original Note Details: Comprehensive description of the lost note including date, principal amount, parties involved, terms, and any identifying numbers or references

3. Ownership and Rights: Declaration of the affiant's ownership rights or legal interest in the note

4. Loss Circumstances: Detailed explanation of when and how the note was lost or destroyed, including last known location and attempts to locate it

5. Non-Transfer Declaration: Statement that the note has not been sold, assigned, transferred, or pledged to any other party

6. Indemnification: Commitment to indemnify and hold harmless the note issuer and other relevant parties against any claims arising from the lost note

7. Request for Replacement: Formal request for replacement of the lost note or other appropriate remedy

8. Truth Declaration: Standard affidavit declaration of truth and accuracy of the statements made

9. Execution Block: Signature block with space for affiant's signature, date, and authorized witness details

What sections are optional to include in a Lost Note Affidavit?

1. Prior Payments History: Section detailing the payment history on the note, used when there is a record of partial payments

2. Security Details: Description of any security or collateral associated with the note, included when the note was secured

3. Additional Guarantors: Information about any guarantors of the note, included when there were third-party guarantors

4. Electronic Records Reference: Reference to any existing electronic copies or records of the note, included when such records exist

5. Previous Communications: Summary of relevant communications with the note issuer or holder about the loss, included when there has been prior correspondence

What schedules should be included in a Lost Note Affidavit?

1. Copy of Original Note: If available, a copy of the original note or relevant documentation

2. Search Evidence: Documentation of efforts made to locate the lost note

3. Payment Records: Copies of payment records or bank statements showing the note's payment history

4. Related Correspondence: Copies of any relevant correspondence regarding the note or its loss

5. Identification Documents: Copies of the affiant's identification documents as required by the receiving institution

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions
























Clauses
















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Banking & Financial Services

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Relevant Roles

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Banking Officer

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