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 459J   SETTING ASIDE DEMAND ON OTHER GROUNDS  

459J(1)   [ Defect or other reason]  

On an application under section 459G, the Court may by order set aside the demand if it is satisfied that:

(a) because of a defect in the demand, substantial injustice will be caused unless the demand is set aside; or

(b) there is some other reason why the demand should be set aside.

459J(2)   [ Mere defect]  

Except as provided in subsection (1), the Court must not set aside a statutory demand merely because of a defect.