Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.4 - WINDING UP IN INSOLVENCY  

Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 5 of Part 8B.6 .

Division 3 - Application to set aside statutory demand  

SECTION 459G   COMPANY MAY APPLY  

459G(1)  
A company may apply to the Court for an order setting aside a statutory demand served on the company.

459G(2)  

An application may only be made within the statutory period after the demand is so served.

459G(3)  

An application is made in accordance with this section only if, within that period:

(a) an affidavit supporting the application is filed with the Court; and

(b) a copy of the application, and a copy of the supporting affidavit, are served on the person who served the demand on the company.