FEDERAL COURT (CORPORATIONS) RULES 2000 - RULE 2.4A Application for order setting aside statutory demand (Corporations Act s 459G)

FEDERAL COURT (CORPORATIONS) RULES 2000 - RULE 2.4A

  (1)   This rule applies, and subrule   2.4(2) does not apply, to an application by a company under section   459G of the Corporations Act for an order setting aside a statutory demand served on the company.

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

  (3)   The plaintiff must:

  (a)   no earlier than 7 days before the originating process is filed, and no later than the day before the hearing of the application, carry out a search of the records maintained by ASIC in relation to the plaintiff; 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.