Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.4 - WINDING UP IN INSOLVENCY  

Division 3 - Application to set aside statutory demand  

SECTION 459G   COMPANY MAY APPLY  

459G(1)   [ Order setting aside demand]  

A company may apply to the Court for an order setting aside a statutory demand served on the company.

459G(2)   [ Time limit]  

An application may only be made within 21 days after the demand is so served.

459G(3)   [ Affidavit and copy of application]  

An application is made in accordance with this section only if, within those 21 days:

(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.