FEDERAL COURT OF AUSTRALIA

CHECKLIST FOR WINDING UP BASED ON FAILURE TO COMPLY WITH STATUTORY DEMAND 

In the matter of:  

	STATUTORY DEMAND	s459Q				
	Amount exceeds $4,000	s459E(1)	Y	N	$	
	Demand:					
		in correct form	s459E(2)(e)	Y	N		
		signed by or on behalf of creditor	s459E(2)(f)	Y	N		
	Affidavit in support (where not judgment debt)	s459E(2)(f)				
		in correct form (Form 7)	s459E(3)	Y	N		
		no ref. to Court or proceeding number	s459E(3)	Y	N		
		verifies debt is due and payable	s459E(3)(a)	Y	N		
		deponent is authorised to swear	s459E(3)	Y	N		
N.F.	Affidavit of service of demand					
	Address where served:

Service effective	s109X	

Y	

N		
	Date of service					
	Date of failure to comply					
						
N.F.	ORIGINATING PROCESS					
	In correct form (Form 1 & Form 2)	rr2.1 & 2.2	Y	N		
	Filed within 3 months of failure to comply	s459C(2)	Y	N		
	Demand attached (and any order varying demand)	s459Q(b)	Y	N		
	Sets out particulars of:
	service of demand
	failure to comply with demand	s459Q(a),
Form 2
Part C
r5.4(2)	
Y
Y	
N
N	
	
	Capacity of applicant	ss459P(1), 
462 & 464			Creditor	
	Leave required by applicant	s459P(2), r5.3	Y	N		
						
N.F.	AFFIDAVIT IN SUPPORT					
	Deponent has authority of plaintiff	rr2.5 & 5.4(1)	Y	N		
	Made within 7 days before O.P. filed	r5.4(4)	Y	N		
	Annexes ASIC search no older than 7 days before O.P. filed	r2.4(2)	
Y	
N		
	Verifies:
service of demand
failure to comply with demand
details of any application to set aside
debt is due and payable	
s459Q
r 5.4(2)	
Y
Y
Y
Y	
N
N
N
N	

$	
						
N.F.	CONSENT OF LIQUIDATOR	s532(9)				
	Full name of registered liquidator(s)
		Y	N		
	Complies with Form 8 (including hourly rates)		Y	N		
N.F.	AFFIDAVIT(S) OF SERVICE					
	Of Originating Process
	served within 14 days of filing
	more than 5 days before hearing	

s465A
r2.7(1)	
Y
Y	
N
N	
	
	Of affidavits in support
	more than 5 days before hearing	
r2.7(1)	
Y	
N		
	Of consent of liquidator
	at least 1 day before hearing	
r5.5(3)(b)	
Y	
N		
						
N.F.	AFFIDAVIT OF ASIC LODGMENT					
	Annexes copy of notice as lodged	s465A(a)	Y	N		
	Notice lodged no later than 10:30 a.m. next business day after filing	
s470(1)(a)	Y	N		
						
N.F.	AFFIDAVIT/MEMORANDUM OF PUBLICATION					
	Annexed (Form 9)	r5.6(2)(a)	Y	N		
	Published
	at least 3 days after service of O.P.
	at least 7 days before hearing	s465A, r2.12(2) & 
r5.6(2)(b)	
Y
Y	
N
N		
	Published on the ASIC insolvency notices website	reg 5.6.75	Y	N		
						
N.F.	NOTICE OF APPEARANCE/OPPOSITION					
	Notice of Appearance (Form 4)	r2.9(1)(a)(i)	Y	N		
	Grounds of opposition specified	s465C(a) & r2.9(2)	Y	N		
N.F.	Affidavit verifying matters stated in notice	s465C(b)	Y	N		
	Appearance and affidavit filed & served no later than 3 days before hearing	rr2.9(1)(b)(i) & 2.9(3)	Y	N		

Other matters: