Document ID: chunk:federal_register_of_legislation:F2024C00490:clause:1_1:p1
Version: federal_register_of_legislation:F2024C00490
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/15)
Character Range: 111169–113497

1

2

etc

AND

Date:

. . . . . . . . . . . . . . . . . . . . .

Signature of plaintiff or
plaintiff's legal practitioner

This application will be heard by  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at [address of Court] at . . . . . . . . *am/*pm on . . . . . . . ..

B.  NOTICE TO DEFENDANT(S) (IF ANY)

TO: [name and address of each defendant (if any).

If you or your legal practitioner do not appear before the Court at the time shown above, the application may be dealt with, and an order made, in your absence. As soon after that time as the business of the Court will allow, any of the following may happen:
     (a) the application may be heard and final relief given;
     (b) directions may be given for the future conduct of the proceeding;
     (c) any interlocutory application may be heard.
Before appearing before the Court, you must file a notice of appearance, in the prescribed form, in the Registry and serve a copy of it on the plaintiff.
    Note   Unless the Court otherwise orders, a defendant that is a corporation must be represented at a hearing by a legal practitioner. It may be represented at a hearing by a director of the corporation only if the Court grants leave.

    C.  APPLICATION FOR WINDING UP ON GROUND OF INSOLVENCY

[Complete this section if this originating process is seeking an order that a company be wound up in insolvency on the ground that the company has failed to comply with a statutory demand (see section 459Q of the Corporations Act]

[Set out particulars of service of the statutory demand on the company and of the failure to comply with the demand]

[Attach to this originating process a copy of the statutory demand and, if the demand has been varied by an order made under subsection 459H(4) of the Corporations Act because of a dispute or offsetting claim, a copy of the order made under that subsection.]

[The affidavit in support of this originating process must:
       (a) verify service of the demand on the company; and
       (b) verify the failure of the company to comply with the demand; and
       (c) state whether and, 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