Commonwealth Consolidated Regulations

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FEDERAL COURT (CORPORATIONS) RULES 2000 - REG 2.4A

Application for order setting aside statutory demand (Corporations Act s 459G

         (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.



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