Sch. 3 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 on [insert [or, if service was by post, address] date] who posted it [or them] by ordinary prepaid post to the registered office of the defendant at [insert on [insert [If address] date]]. 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 [or that total] to the plaintiff's reasonable satisfaction within 21 days after the demand was served on the defendant [or within 7 days after [insert when an application by the defendant under section 459G date] of the Corporations Act was finally determined or otherwise disposed of] [or if the period for compliance with the demand was extended by within the period specified in the order of the [insert order name of on [insert Court] date of order or, if more than one order, the date of as the period for compliance with the demand. the last such order] 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 on [insert name of Court] A copy of the order, marked D [or date of order]. as the case may be], is attached to this originating process.] Note 2—see Rules 2.4 and 5.4(2) AFFIDAVIT IN SUPPORT OF APPLICATION FOR WINDING IN INSOLVENCY I, [name] of [address *say on oath/*affirm [or *make oath and occupation], 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 [or the] director of the above-named plaintiff which is registered or taken to be registered in [specify I am duly State or Territory]. 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. 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 [or 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 [or that 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.] Note 2—see Rules 2.4 and 5.4(2) AFFIDAVIT IN SUPPORT OF APPLICATION FOR WINDING IN INSOLVENCY Sch. 3 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 [or 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.
03-107sr014.docx