Affidavit Assessment PDF

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Brown and Blake Lawyers Words: 738 FEDERAL CIRCUIT COURT OF AUSTRALIA

File number: COURT USE ONLY

REGISTRY: MELBOURNE

Court Location Court date Court time

SUZIE SAMPSON Applicant

DARRYL SAMPSON Respondent AFFIDAVIT ______________________________________________________________________________ Date of Document: 17 June 2019

Lawyer’s Code:

Filed on behalf of: The Applicant

DX: N/A

Law firm: Brown and Blake Lawyers

Telephone: Email:

Ref: ______________________________________________________________________________ Name of deponent: FRANK PETERSEN Date sworn/affirmed: 20 / 04 / 2018 I, FRANK PETERSEN, of 000 Queen street, Melbourne, Victoria, affirm and declare the following: 1. This affidavit is written upon the facts of my personal knowledge and to my own beliefs. Additionally, some facts gathered are from others that I believe are of truth to the best of my knowledge. 2. I was contacted by Brown and Blake lawyers and was requested to be a process server to serve Mr Darryl Sampson with an initiating application, alongside an affidavit to the respected respondent. 3. Both the documents enclosed were paperwork addressing Darryl Sampson and his former wife Suzie Sampson’s divorce.

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Brown and Blake Lawyers Words: 738 4. Unfortunately, I was unable to serve the relevant documents to the respondent at his residents of 30 Swan Street, Preston VIC 3072. 5. I had made an appearance at the respondent’s residence on three different occasions, to serve both the Affidavit and initiating application to Mr Sampson. On all three occasions the respondent was not present at his residence. 6. The following states the three occasions that I attempted to serve Mr Darryl Sampson at his residents with the enclosed papers. a) Firstly, I received Mr Sampson’s address from Brown and Blake Lawyers, the address being presented to me as 30 Swan Street, Preston VIC 3072. b) On the following dates, I failed to serve the documents to Mr Sampson at the address provided. i.

2nd of April 2018 at 6.00pm

ii.

3rd of April 2018 at 9.00pm

iii.

7th of April 2018 at 12.00noon

c) Both the initiating application and affidavit was sealed in an enclosed envelope that I attempted to serve to Mr Sampson on all three days. I approached and rang the doorbell which I received no answer. d) On the first occasion 2nd of April and the third occasion 7th of April 2018, I noticed movement of the curtains followed by noises. This prompted me to call out Darryl’s name, although I did not receive any response in return. e) On all occasions that I approached the respondent’s home I noticed a parked black Holden Commodore outside Mr Sampson’s home. The number plate of the vehicle was AUD342, although there were no signs indicating that it was the respondent’s vehicle. 7. After my third attempt at serving the documents to Mr Sampson on the 7th of April, I decided to knock on the neighbour’s door in hopes to confirm that I was at the right person’s residents and to perhaps gather any information on Mr Sampson’s possible whereabouts. 8. A woman answered the door and I politely asked her if she was familiar with her neighbour Mr Sampson and perhaps would know the hour he may be at home so I could reach him. 9. She stated she did not know his name and did not know him personally, although she began to explain to me that a man within his 50’s lived in the home alone, and regularly on weekends three children would visit his home, which she assumes is his children. 10. She mentioned that she believes he has recently separated from his former wife as she no longer see’s the lady at the home, other than when she drops the children off at his house on the weekends. 11. The lady believes that he works down the road at a tyre place. 2

Brown and Blake Lawyers Words: 738 12. After gathering this information from the respondent’s neighbour, I conducted a search and found the tyre place the lady had mentioned she believes Darryl works at. It is called Tyre’s R’US and it is located at 20 Swan Street, Preston. 13. On the 9th of April at approximately 10.00am I travelled to the tyre store to confirm with the manager if Darryl worked there. The manager did confirm Darryl does in fact work at Tyre’s R’US, although Mr Sampson refused to come and talk to me at his work place. Summary 14. Provided the information I received from Brown and Blake lawyers and the man described by the neighbour, it can be confirmed that the man living at 30 Swan Street, Preston VIC 3072 is indeed Darryl Sampson’s residents. 15. I attempted to serve both the initiating application and affidavit to Mr Sampson’s residents on three different occasions. 16. Unfortunately, I failed to serve the documents to Darryl Sampson in person due to the respondent not being present at the location. 17. I confirmed that Darryl Sampson is currently employed at Tyre’s R’US at 20 Swan Street, Preston.

Sworn by the deponent at (place): 000 Queen street, VIC 3000

Frank Petersen

on (date): 20/04/2018

Signature of deponent

Before me:

Signature of witness Full name of witness: Qualification of witness: Senior Associate at Brown and Blake Lawyers

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