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CORPORATIONS ACT 2001 No. 50, 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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