Victorian Consolidated Regulations
[Index][Table][Search][Search this Regulation][Notes][Noteup][Previous][Download][Help]SUPREME COURT (CORPORATIONS) RULES 2013 - SCHEDULE 3
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 complywith a statutory demand. A copy of the demand, marked A , is attached to thisoriginating process.
2. The demand was [ or The demand and an accompanying affidavitwere] served by X.Y. who delivered it [ or them] to the registered office ofthe defendant at [ insert address ] on [ insert date ] [ or , if service wasby post, who posted it [ or them] by ordinary prepaid post to theregistered office of the defendant at [ insert address ] on [ insert date ]].[ If applicable , Acopy of the accompanying affidavit, marked B , isattached 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[ or that total] to the plaintiff's reasonable satisfaction within 21 daysafter the demand was served on the defendant [ or within 7 days after [ insertdate ] when an application by the defendant under section 459G of theCorporations Act was finally determined or otherwise disposed of] [ or if theperiod for compliance with the demand was extended by order within the periodspecified in the order of the [ insert name of Court ] on [ insert date oforder or, if more than one order, the date of the last such order ] as theperiod for compliance with the demand. Acopy of the order, marked C , isattached to this originating process.]
[ If the demand was varied by order under section 459H(4) of theCorporations 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 casemay be ], is attached to this originating process.]
Note 2—see Rules 2.4 and 5.4(2)
AFFIDAVIT IN SUPPORT OF APPLICATION FOR WINDING UP IN INSOLVENCY
I, [ name ] of [ address and occupation ], *say on oath/*affirm [ or *makeoath and say/*solemnly and sincerely declare and affirm]—
1. I am the above-named plaintiff [ or if the applicant is acorporation , Iam a [ or the] director of the above-named plaintiffwhich is registered or taken to be registered in [ specify State or Territory]. I am duly authorised to make this affidavit on its behalf]. Now producedand shown to me and marked A is a copy of the originating process to be filedin the proceeding.
2. Annexed to this affidavit is a current and historical extractof the records maintained by the Australian Securities and InvestmentsCommission with respect to the defendant.
3. [ Where the defendant is registered or taken to be registeredin another State or a Territory, state any facts—apart from thedefendant's principal place of business—which bear upon jurisdictionbeing exercised in Victoria rather than in another State or Territory. ]
4. The following facts are within my own personal knowledge saveas otherwise stated.
5. The defendant was on [ state date of statutory demand orotherrelevant date] indebted to the plaintiff in the sum of $ for[ state concisely the consideration, for example, goods sold and deliveredetc. ] which sum was then due and payable.
6. The demand, a copy of which is attached to theoriginating process, was signed by or on behalf of the plaintiff. I served thedemand [ or the demand and the accompanying affidavit] as referred to in theoriginating process [ or X.Y. has been instructed to make an affidavit ofservice of the demand [ or the demand and the accompanying affidavit]].
7. The matters stated in the originating process concerning thedemand and failure of the defendant to comply with it are true and correct.
8. The sum demanded remains due and payable by the defendant tome [ or the plaintiff].
Sworn, etc.
Dated: 29 August 2013
M. L. WARREN, C.J.
CHRISTOPHER MAXWELL, P.
MARCIA NEAVE, J.A.
MARK WEINBERG, J.A.
PAMELA TATE, J.A.
R. S. OSBORN, J.A.
PHILLIP PRIEST, J.A.
PAUL COGHLAN, J.A.
J. G. SANTAMARIA, J.A.
K. WILLIAMS, J.
ELIZABETH HOLLINGWORTH, J.
KIM HARGRAVE, J.
ANTHONY CAVANOUGH, J.
ELIZABETH CURTAIN, J.
ROSS ROBSON, J.
JACK FORREST, J.
PETER VICKERY, J.
EMILIOS KYROU, J.
DAVID F. R. BEACH, J.
TERRY FORREST, J.
KARIN EMERTON, J.
CLYDE CROFT, J.
ANNE FERGUSON, J.
M. L. SIFRIS, J.
PETER ALMOND, J.
JOHN DIXON, J.
C. MACAULAY, J.
KATE McMILLAN, J.
GREG GARDE, J.
JAMES D. ELLIOT, J.
T. J. GINNANE, J.
MELANIE SLOSS, J.
M. J. CROUCHER, J.
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