Lost Note Affidavit Template for Australia

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.

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