459J
In forceSetting aside demand on other grounds
Volume 2Chapter 2L, Part 2L.1 to Chapter 5, Part 5.9 sections 283AA to 600K
Chapter 5External administration
Part 5.4Winding up in insolvency
Division 3Application to set aside statutory demand
459J Setting aside demand on other grounds
(1)
On an application under section 459G, the Court may by order set aside the demand if it is satisfied that:
(a)
because of a defect in the demand, substantial injustice will be caused unless the demand is set aside; or
(b)
there is some other reason why the demand should be set aside.
(2)
Except as provided in subsection (1), the Court must not set aside a statutory demand merely because of a defect.
This Act’s bill:Explanatory memorandumSecond reading speech
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