Document ID: chunk:federal_register_of_legislation:F2024C00490:schedule:3:p1
Version: federal_register_of_legislation:F2024C00490
Segment Type: schedule
Provision Reference: sch 3 (pt 1/7)
Character Range: 191855–194483

Schedule 3—Notes to these Rules
(rules 2.2, 2.4 and 5.4)

Note 1 — see rule 2.2 (Form 2 Part C)

C.   APPLICATION FOR WINDING UP ON GROUND OF INSOLVENCY

    1.  The plaintiff relies on failure by the defendant to comply with a statutory demand. A copy of the demand, marked A, is attached to this originating process.

    2.  The demand was [or The demand and an accompanying affidavit were] served by X.Y. who delivered it [or them] to the registered office of the defendant at [insert address] on [insert date] [or, if service was by post, who posted *it/*them by ordinary prepaid post to the registered office of the defendant at [insert address] on [insert date]]. [If applicable, A copy of the accompanying affidavit, marked B, is attached to this originating process.]

    3.  The defendant failed to pay the amount of the debt demanded [or the total of the debts demanded] or to secure or compound for that *amount/*total to the plaintiff's reasonable satisfaction within 21 days after the demand was served on the defendant [or within 7 days after [insert date] when an application by the defendant under section 459G of the Corporations Act was finally determined or otherwise disposed of] [or if the period for compliance with the demand was extended by order within the period specified in the order of the [insert name of Court] on [insert date of order or, if more than one order, the date of the last such order] as the period for compliance with the demand. A copy of the order, marked C, is attached to this originating process.]

     [If the demand was varied by order under subsection 459H(4) of the Corporations Act]

    4.  The demand was varied by order of the [insert name of Court] on [insert date of order]. A copy of the order, marked D [or as the case may be], is attached to this originating process.

*   Omit if not applicable

Note 2 — see rule 2.4 and subrule 5.4(2) (Affidavit in support)
*AFFIDAVIT IN SUPPORT/*AFFIDAVIT IN SUPPORT OF APPLICATION FOR WINDING UP IN INSOLVENCY

I, [name] of [address and occupation], *say on oath/*affirm [or *make oath and say/*solemnly and sincerely declare and affirm]:

    1.  I am the above‑named plaintiff [or if the applicant is a corporation, I am *a/*the director of the above‑named plaintiff which is registered or taken to be registered in [specify State or Territory]. I am duly authorised to make this affidavit on its behalf]. Now produced and shown to me and marked A is a copy of the originating process to be filed in the proceeding.

    2.  Annexed to this affidavit is a current and historical extract of the records maintained by the