THE CORPORATIONS LAW

CHAPTER 5 - EXTERNAL ADMINISTRATION

PART 5.4 - WINDING UP IN INSOLVENCY

Division 4 - Application for order to wind up company in insolvency

SECTION 459Q   APPLICATION RELYING ON FAILURE TO COMPLY WITH STATUTORY DEMAND  

459Q    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.