sch.1A-sec.5.4Affidavit in support of application for winding up ( Corporations Act , ss 459P , 462 and 464 )

### sch.1A-sec.5.4 Affidavit in support of application for winding up ( Corporations Act , ss 459P , 462 and 464 ) The affidavit in support of an originating application seeking an order that a company be wound up must be made by the applicant or by a person with the authority of the applicant or applicants. If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must— verify service of the demand on the company; and verify the failure of the company to comply with the demand; and state whether and, if so, to what extent the debt, or each of the debts, to which the demand relates is still due and payable by the company at the date when the affidavit is made. Form 7A is an example of the affidavit in support of an application made in reliance on a failure to comply with a statutory demand. If the application is made in reliance on the ground mentioned in the Corporations Act , section 461 (1) (a) , the affidavit must— state whether the company is able to pay all its debts as and when they become due and payable; and refer to the company’s most recent balance sheet and profit and loss statement as an exhibit to the affidavit, or explain their absence. The affidavit must be made within 7 days before the originating application is filed. sch 1A r 5.4 ins 2000 SL No. 232 s 3 amd 2004 SL No. 115 s 2 sch 1 ; 2018 SL No. 193 s 2 sch 1 (sch.1A-sec.5.4-ssec.1) The affidavit in support of an originating application seeking an order that a company be wound up must be made by the applicant or by a person with the authority of the applicant or applicants. (sch.1A-sec.5.4-ssec.2) If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must— verify service of the demand on the company; and verify the failure of the company to comply with the demand; and state whether and, if so, to what extent the debt, or each of the debts, to which the demand relates is still due and payable by the company at the date when the affidavit is made. Form 7A is an example of the affidavit in support of an application made in reliance on a failure to comply with a statutory demand. (sch.1A-sec.5.4-ssec.3) If the application is made in reliance on the ground mentioned in the Corporations Act , section 461 (1) (a) , the affidavit must— state whether the company is able to pay all its debts as and when they become due and payable; and refer to the company’s most recent balance sheet and profit and loss statement as an exhibit to the affidavit, or explain their absence. (sch.1A-sec.5.4-ssec.4) The affidavit must be made within 7 days before the originating application is filed. - (a) verify service of the demand on the company; and - (b) verify the failure of the company to comply with the demand; and - (c) state whether and, if so, to what extent the debt, or each of the debts, to which the demand relates is still due and payable by the company at the date when the affidavit is made. - (a) state whether the company is able to pay all its debts as and when they become due and payable; and - (b) refer to the company’s most recent balance sheet and profit and loss statement as an exhibit to the affidavit, or explain their absence.