Schedule 2Notes to these Rules

# Schedule 2 Notes to these Rules Schedule 2 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 rule 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 Australian Securities and Investments Commission with respect to the defendant. > 3 \[*Where the defendant is registered or taken to be registered in another State or a Territory, state any facts—apart from the defendant’s principal place of business—which bear upon jurisdiction being exercised in New South Wales rather than in another State or Territory*.\] > 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 \[*or* the demand and the accompanying affidavit\]\]. > 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* **sch 2:** Ins 19.12.2003.