Corporations Act 2001
CHAPTER 5
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EXTERNAL ADMINISTRATION
PART 5.4
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WINDING UP IN INSOLVENCY
Division 4
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Application for order to wind up company in insolvency
SECTION 459Q
459Q
APPLICATION RELYING ON FAILURE TO COMPLY WITH STATUTORY DEMAND
If an application for a company to be wound up in insolvency relies on a failure by the company to comply with a statutory demand, the application:
(a) must set out particulars of service of the demand on the company and of the failure to comply with the demand; and
(b) must have attached to it:
(c) unless the debt, or each of the debts, to which the demand relates is a judgment debt - must be accompanied by an affidavit that:
If an application for a company to be wound up in insolvency relies on a failure by the company to comply with a statutory demand, the application:
(a) must set out particulars of service of the demand on the company and of the failure to comply with the demand; and
(b) must have attached to it:
(i) a copy of the demand; and
(ii) if the demand has been varied by an order under subsection 459H(4) - a copy of the order; and
(c) unless the debt, or each of the debts, to which the demand relates is a judgment debt - must be accompanied by an affidavit that:
(i) verifies that the debt, or the total of the amounts of the debts, is due and payable by the company; and
(ii) complies with the rules.
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