Document ID: chunk:federal_register_of_legislation:F2024C00490:clause:1_1:p2
Version: federal_register_of_legislation:F2024C00490
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/15)
Character Range: 113294–115656

if so, to what extent the debt, or each of the debts, to which the demand relates is still due and payable at the date when the affidavit is made.]
Note 1   In an application for winding up in insolvency on the ground that the company has failed to comply with a statutory demand, the applicant should consider completing Part C of Form 2 as shown in Schedule 3 (Notes to these Rules).
Note 2   An example of the affidavit in support of an application for winding up in insolvency for failure to comply with a statutory demand is shown in Schedule 3 (Notes to these Rules).

D.  FILING

Date of filing: [date of filing to be entered by Registrar]
. . . . . . . . . . . . . . . . . . . . .
Registrar
This originating process is filed by [name] for the plaintiff.

E.  SERVICE

The plaintiff's address for service is [address of plaintiff's legal practitioner or of plaintiff].
*It is not intended to serve a copy of this originating process on any person.

OR

*It is intended to serve a copy of this originating process on each defendant and on any person listed below:
[name of defendant and any other person on whom a copy of the originating process is to be served]

[Complete the following section if the time for service has been abridged]
The time by which a copy of this originating process is to be served has been abridged by order made by [name of Judge or other Court officer] on [date] to [time and date].
*   Omit if not applicable

Form 3—Interlocutory process
(rules 2.2, 15A.4, 15A.8 and 15A.9)
[Title]
A.  DETAILS OF APPLICATION
This application is made under *section/*regulation [number] of the *Corporations Act/*ASIC Act/*Cross‑Border Insolvency Act/*Corporations Regulations.
On the facts stated in the supporting affidavit(s), the applicant, [name], applies for the following relief:
1
2
etc
AND

Date:

     . . . . . . . . . . . . . . . . . . . . .
Signature of applicant making this application or
applicant's legal practitioner

This application will be heard by . . . . . . . . . . . . . . . . . . . . . . . . . at [address of Court] at . . . . . . . . *am/*pm on . . . . . . . ..
B.  NOTICE TO RESPONDENT(S) (IF ANY)
TO: [name and address of each respondent to this interlocutory process (if any). If applicable, also state the respondent's address for service.]
If you or your legal practitioner do not appear before the Court at