Application for order setting aside statutory demand (s. 459G of the Corporations Act)
2.4A Application for order setting aside statutory demand (s. 459G of the Corporations Act)
This Rule applies, and Rule 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.
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—
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 the ASIC in relation to the plaintiff; and
either—
annex the record of the search to the affidavit in support of the originating process; or
file the record of the search before or tender it on the hearing of the application.
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