New South Wales Consolidated Regulations

SUPREME COURT (CORPORATIONS) RULES 1999 - REG 2.4A

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 not 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.