Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 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:

                              (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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