Document ID: chunk:federal_register_of_legislation:F2024C00490:schedule:3:p2
Version: federal_register_of_legislation:F2024C00490
Segment Type: schedule
Provision Reference: sch 3 (pt 2/7)
Character Range: 194261–197078

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 Australian Securities and Investments Commission with respect to the defendant.

    3. [Where the defendant is registered or taken to be registered in a State or Territory other than that of this Registry, state any facts — apart from the defendant's principal place of business — which bear upon jurisdiction being exercised in the State or Territory of this Registry, rather than in another State or Territory.]

    4.  The following facts are within my own personal knowledge save as otherwise stated.

    5.  The defendant was on [state date of statutory demand or other relevant date] indebted to the plaintiff in the sum of $ [amount] for [state concisely the consideration, for example, goods sold and delivered etc.] which sum was then due and payable.

    6.  The demand, a copy of which is attached to the originating process, was signed by or on behalf of the plaintiff. I served the demand [or the demand and the accompanying affidavit] as referred to in the originating process [or X.Y. has been instructed to make an affidavit of service of the demand [or the demand and the accompanying affidavit]].

    6A.  The defendant has not made any application under section 459G of the Corporations Act to set aside the demand [or On [insert date], the defendant made an application under section 459G of the Corporations Act to [insert name of Court] to set aside the demand. On [insert date], that Court dismissed the application [or varied the demand by [state effect of variation]]. Annexed to this affidavit is a true copy of the court order disposing of the application].

    7.  The matters stated in the originating process concerning the demand and failure of the defendant to comply with it are true and correct.

    8.  The sum demanded remains due and payable by the defendant to me [or the plaintiff].

Sworn, etc.

*   Omit if not applicable

Endnotes

Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history

Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws