Application for order setting aside statutory demand (Corporations Act s 459G)
2.4A Application for order setting aside statutory demand (Corporations Act s 459G)
(1) This rule applies, and subrule 2.4(2) does not apply, to an application by a company under section 459G of the Corporations Act for an order setting aside a statutory demand served on the company.
(2) The plaintiff may file with the originating process seeking the order a copy of the statutory demand and a copy of any affidavit that accompanied the statutory demand.
The plaintiff must:
(a) no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; and
either:
(i) annex the record of the search to the affidavit in support of the originating process; or
(ii) file the record of the search before or tender it on the hearing of the application.
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