1 I am the liquidator of [name of company] (the company).
2 On [date] I made a call of $ [amount] per share on all the contributories of the company [or specify the class of contributories on whom the call was made]. *Annexed/*Exhibited and marked A is a copy of the notice of the call. Each contributory whose name is shown in the schedule marked B was duly served with notice of the call in the form annexed or exhibited and marked A.
3 Each contributory of the company whose name is set out in column 2 of the schedule marked B has not paid, or caused to be paid, to me the amount specified opposite the contributory’s name in column 5 of the schedule, which is due from that contributory under the call.
4 The amount set out opposite the name of each contributory in column 6 of the schedule is an estimate of the amount due by that contributory in relation to the costs of applying for and giving effect to the order for payment of the call. The estimate of the amounts so due by the several contributories has been reached by apportioning the costs among the contributories who have not paid the call according to the liability of the respective contributories to contribute.
5 The amount set out opposite the name of each contributory in column 7 of the schedule is the total of the amount due by that contributory in relation to the call as set out in column 5 and the amount due in relation to costs as set out in column 6.
*Sworn/*affirmed at: [place of swearing or affirmation] on [date]
OR
*Sworn/*affirmed by the deponent at: [place of swearing or affirmation] this day of [month] [year]
Signature of deponent
Before me:
Signature and designation of person before whom deponent swears or affirms affidavit
Note The form of this affidavit may be changed to comply with the form of affidavit used in a particular State or Territory—see r 2.6.
Schedule B
column 1
column 2
column 3
column 4
column 5
column 6
column 7
number on list of contributories
name
address
character in which included in the list
unpaid amount of call
proportion of costs of application
total amount payable
Form 15 Notice of application for leave to distribute a surplus
(see r 7.9)
On at , the will hear an application by the liquidator of [name of company] in Proceeding No of [year] for leave to distribute a surplus in relation to the liquidation of the company.
Any person intending to appear at the hearing must file a notice of appearance, in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice and affidavit on the liquidator at the address shown below at least 3 days before the date fixed for the hearing.
Name of liquidator: [name].
The liquidator’s address for service is [address].
Signature of liquidator
Form 16 Notice of intention to apply for remuneration
(see rr 9.1-9.5)
IN THE MATTER OF [company name]
TO: [name and address of person to whom notice is given]
Take notice that, not less than 21 days after this notice is served on you, I, [name and address], the *receiver/*administrator/*liquidator/ *provisional liquidator/*special manager of the company, intend to apply to the Court to determine my remuneration.
If you object to my application, you must, within 21 days after being served with this notice, serve on me a notice of objection stating the grounds of objection to the remuneration claimed.
Signature of *receiver/*administrator/*liquidator/ *provisional liquidator/*special manager
Form 17 Summons for examination
(see r 11.3)
A DETAILS OF SUMMONS
To: [name and address of person to be examined]
You are summoned under the Corporations Act, *section 596A/ *section 596B to:
(a) attend before at Knowles Place, Canberra City at 10 am on , and from day-to-day until excused by the Court, to be examined on oath or affirmation about the examinable affairs of [name of corporation]; and
(b) *to produce at the examination the following books [specify books—include in a schedule if necessary].
B NOTICE TO PERSON TO BE EXAMINED
The Court may order that the questions put to you and the answers given by you at the examination are to be recorded in writing and signed by you.
If you do not attend the examination in accordance with this summons, without reasonable cause, you may be arrested and imprisoned without further notice.
This summons is issued at the request of [name] whose address for service is [address of person’s legal practitioner or of person].
Form 18 Summons for appearance in relation to registration of transfer of interests
(see r 12.2)
To: [name and address]
You are required to appear before the Supreme Court at Knowles Place, Canberra City at 10 am on and show cause why the document(s) specified in the schedule should not be *delivered up/*produced at the office of [name of company] at [address of company] within [period as ordered], as required by the attached notice.
The address for service of the person applying for this summons is [address of person’s legal practitioner or of person].
Schedule
[description of document(s)]
Schedule 2
Note This schedule of the uniform corporations rules has not been included.
The Supreme Court Rules (ACT) made under the Supreme Court Act 1933 (ACT), s 36 deal with the powers of the court that may be exercised by the master or registrar of the court (see o 61, o 61A and sch 2).
Schedule 3 Notes to these rules
(see r 2.2, r 2.4 and r 5.4)
Note 1—see rule 2.4 (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 XY who delivered it [or them] to the registered office of the defendant at [insert address] or [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 the Corporations Act, section 459G 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 1 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 the Corporations Act, section 459H (4)]
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 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 plaintiff [or if the applicant is a corporation, I am *a/*the director of the 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 in relation to the defendant.
3 [If the defendant is registered or taken to be registered in another State or Territory, state any facts—apart from the defendant’s principal place of business—which bear upon jurisdiction being exercised in the ACT rather than another State or Territory].