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SUPREME COURT RULES 1970 - SECT 80A.18 Evidence in support of winding up application

SUPREME COURT RULES 1970 - SECT 80A.18

Evidence in support of winding up application

80A.18 Evidence in support of winding up application

The evidence in support of an application for the winding up of a corporation shall include--

(a) an affidavit stating--
(i) unless the plaintiff is the subject corporation, the capacity in which the plaintiff makes the application under section 459P or section 462 (2),
(ii) the grounds of the application and a reference to the provision or provisions of the Corporations Law on which the plaintiff relies,
(iii) the statute under which the subject corporation was incorporated,
(iv) the date of its incorporation,
(v) whether or not an administrator has been appointed to the subject corporation and, if so, details of that appointment, as ascertained by a search of the records maintained by ASIC made not earlier than seven days before the summons was filed,
(vi) whether or not a winding up application was pending or a winding up order had been made against the subject corporation and, if so, details of that application or order, as ascertained by a search of the records maintained by ASIC made not earlier than seven days before the summons was filed, and
(b) unless the subject corporation is the plaintiff or has entered an appearance, proof of the address of its registered office as ascertained by a search of the records maintained by ASIC made not earlier than 7 days before the summons was filed, supported by a copy of the last or only notice of the address, or change in the situation, of its registered office lodged with ASIC or with any predecessor of ASIC.