Corporations Information Sheet 2

Correct form

Debt/s $2,000 or more

Requires debt to be paid, or secured within 21 days after demand served

Signed by or on behalf of creditor

Affidavit in support of demand

Verifies that debt, or total of the amounts of the debts, is due and payable by the company; and

Complies with Form 7

Deponent authorised to swear

No reference to Court or proceeding number

Date of presumption of insolvency in issue: Yes/No
If yes, relevant dates are:

Title in accordance with Form 1

Originating process in accordance with Form 2

Sets out particulars of service of the demand on the company and failure to comply with the demand

Attaches copy of demand and any order made under 459H(4)

Capacity of applicant:

Leave required?

Deponent authorised to swear

Made within 7 days before the originating process was filed.

Annexes result of ASIC search carried out no earlier than 7 days before the originating process was filed.

Verifies the facts in support of application for winding up

(a) If the application is made in reliance on a failure by the company to comply with a statutory demand:
Verifies service of demand on company; and
Verifies failure of company to comply with demand; and
Verifies that the debt, or the total of the amounts of the debts, is due and payable by the company OR

(b) If the application is made under para. 461(1)(a) of the Corporations Act:
states whether the company is able to pay all its debts as and when they become due and payable; and
refers 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

Liquidator's consent served at least 1 day before hearing

Includes hourly rates

Annexes copy of originating process

Originating process served within 14 days of filing

Originating process served more than 5 days before hearing

 

        Affidavits in support served more than 5 days before hearing

 

    Annexes Affidavit of service of the statutory demand( only if not served by person making affidavit in support of application for winding up)

109X; 459E

2.7(1)

Manner of service permitted by s109X

Annexes copy of notice as lodged

Notice lodged no later than 10.30am next business day after filing application

Made by the person or the person's legal practitioner

States date of publication

Copy of notice annexed

Notice complies with Form 9

Notice published more than 3 days after service of originating process and more than 7 days prior to hearing

Published in the prescribed manner - ASIC Insolvency Notices website

Notice of Appearance (Form 4)

Notice of the grounds on which the person opposes the application

Affidavit verifying matters stated in the notice.

Notice and affidavit served not later than 3 days before the date fixed for hearing

Adjournment Notification - Affidavit of proof of written notification of any adjourned court date.

Costs Orders: Fixed costs plus any costs reserved on adjournment allowed under schedule 3, item s 1.1 and 13.1 of the Federal Court Rules 2011.