Australian Capital Territory Numbered Regulations

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CORPORATIONS RULES 2001 (2001 NO 22) - REG 15

Application for order setting aside statutory demand (the Act, s 459G)

    (1)     This rule applies to an application by a company under the Act, section 459G for an order setting aside a statutory demand served on the company.

    (2)     The plaintiff may file a copy of the statutory demand, and a copy of any affidavit that accompanied the statutory demand, with the originating process seeking the order.

    (3)     The plaintiff must—

        (a)     carry out a search of the records maintained by the commission in relation to the plaintiff not earlier than 7 days before the originating process is filed, and not later than the day before the hearing of the application; and

        (b)     either—

              (i)     annex the record of the search to the affidavit in support of the originating process; or

              (ii)     file the record of the search before, or tender it on, the hearing of the application.



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