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SUPREME COURT (CORPORATIONS) RULES 20032003 No. 284- RULE 2.4A
Application for order setting aside statutory demand (Corporations Act, s 459G)
- (1)
- This rule applies to an application by a company under the Corporations
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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