Document ID: chunk:federal_register_of_legislation:F2024C00490:reg:12:p6
Version: federal_register_of_legislation:F2024C00490
Segment Type: reg
Provision Reference: reg 12 (pt 6/34)
Character Range: 38179–40692

of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs.
 (2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must:
 (a) verify service of the demand on the company; and
 (b) verify the failure of the company to comply with the demand; and
 (ba) state whether or not the company has made an application in any court to set aside the demand and, if so, the outcome of that application; 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 by the company at the date when the affidavit is made.
Note: 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).
 (3) If the application is made in reliance on the ground mentioned in paragraph 461(1)(a) of the Corporations Act, the affidavit must:
 (a) state whether the company is able to pay all its debts as and when they become due and payable; and
 (b) refer to the company's most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence.
 (4) The affidavit must be made within 7 days before the originating process is filed.

5.5  Consent of liquidator (Corporations Act s 532(9))—Form 8
 (1) In this rule:
liquidator does not include a provisional liquidator.
 (2) For the purposes of subsection 532(9) of the Corporations Act, the consent of a registered liquidator to act as liquidator of a company must be in accordance with Form 8.
 (3) In an application for an order that a company be wound up, the plaintiff must:
 (a) before the hearing of the application, file the consent mentioned in subrule (2) of a registered liquidator who would be entitled to be appointed as liquidator of the company; and
 (b) serve a copy of the consent on the company at least 1 day before the hearing.

5.6  Notice of application for winding up
 (1) If a person applies for a company to be wound up and the application is not made under section 459P, 462 or 464 of the Corporations Act, the person must, unless the Court otherwise orders, cause a notice of the application to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business. The