A debtor company that fails to apply to set aside a statutory demand within the 21-day time limit under s 459G of the Corporations Act 2001 (Cth) cannot circumvent the statutory regime by seeking injunctive or declaratory relief in equity, unless the demand is so fundamentally flawed that it cannot reasonably be characterised as a statutory demand at all. The fact that an accompanying affidavit omits the words 'due and payable' does not constitute such a fundamental flaw where the statutory demand itself contains those words.
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