Section 459Q — Corporations Act 2001 (Cth)

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 of court.

Related sections

• s 459M — Order subject to conditions
• s 459N — Costs where company successful
• s 459P — Who may apply for order under section 459A
• s 459R — Period within which application must be determined
• s 459S — Company may not oppose application on certain grounds
• s 459T — Application to wind up joint debtors in insolvency

Research how courts apply s 459Q

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