Commonwealth Consolidated Acts

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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:

  (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 of court.

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