Corporations Act 2001
CHAPTER 5
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EXTERNAL ADMINISTRATION
PART 5.4
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WINDING UP IN INSOLVENCY
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.
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.
Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 5 of Part 8B.6 .
Division 3
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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.
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