A statutory demand that omits from paragraph 5 the words informing the debtor company that an application to set aside must be made within 21 days is so fundamentally deficient that it does not substantially comply with s 459E(2)(e) and Form 509H, and non-compliance with it cannot support a winding up application. Service by facsimile under the Corporations (Queensland) Rules does not constitute valid interstate service where the Service and Execution of Process Act 1992 (Cth) applies. Where a statutory demand is served interstate, the application to set it aside should be made in the state where the demand was served to avoid procedural difficulties with s 459G(3) service requirements.
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