Supreme Court (Corporations) (WA) Rules 2004
Part 2-Proceedings generally


    2.4A Application for order setting aside statutory demand (Corporations Act s.459G)

    (1) This rule applies, and rule 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 the Commission 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.



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.