Corporations Act 2001
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Pt 8B.6 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (CCIV Auditors) Instrument 2024/668.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Pt 8B.6, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
This section applies if: (a) a CCIV applies under section 459G for an order setting aside a statutory demand served on the CCIV; and (b) within the statutory period referred to in subsection 459G(3) :
(i) a notice complying with subsection (6) is filed with the Court; and
(c) the information specified in the notice about a debt is not the same as the information specified in the demand about the debt; and (d) section 459H does not apply.
(ii) a copy of the notice is served on the person who served the demand on the CCIV; and
1237H(2)
The Court must determine the following information for the debt: (a) the sub-fund or sub-funds of the CCIV of which the debt is a liability; (b) if the debt is a liability of 2 or more sub-funds of the CCIV - the proportion of the debt allocated to each sub-fund.
1237H(3)
If the information determined by the Court under subsection (2) is different from the information specified in the demand, the Court may make an order: (a) varying the demand as specified in the order; and (b) declaring the demand to have had effect, as so varied, as from when the demand was served on the CCIV.
The order may be made subject to conditions.
1237H(4)
This section has effect subject to section 459J .
1237H(5)
Section 459L has effect as if the orders referred to in that section included an order under this section.
1237H(6)
A notice complies with this subsection in relation to a statutory demand if the notice specifies the following information for each debt to which the demand relates: (a) the sub-fund or sub-funds of the CCIV of which the debt is a liability; (b) if the debt is a liability of 2 or more sub-funds of the CCIV - the amount of the debt allocated to each sub-fund.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
