WebSection 459H(1) of the Corporations Act says: "This section applies where, on an application under section 459G, the Court is satisfied of either or both of the following: (a) that there … Web6 Mar 2024 · Section 459C(2)(a) of the Corporations Act presumes a company to be insolvent if the company failed to comply with a statutory demand within the due time …

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WebPursuant to sections 459H and 459J of the Corporations Act, the demand may be set aside if the court is satisfied that: a defect in the statutory demand exists which will cause … WebCORPORATIONS ACT 2001 - SECT 459C Presumptions to be made in certain proceedings (1) This section has effect for the purposes of: (a) an application under section 234, … how address cover letter to unknown person

Setting Aside a Statutory Demand - #1 Complete Guide

WebCORPORATIONS — Corporations Act 2001(Cth), s 459J(1), s 459E(2)(a), 459E(3) — Statutory Demand — Alleged failure to properly particularise or explain debt claimed — Defect in demand — Whether substantial injustice caused unless statutory demand set aside — Re Simmoll Pty Ltd [2024] VSC 693— Condor Asset Management WebSection 9 definition of "Officer". Section 9 of the Corporations Act provides that an ‘ officer ’ of a corporation means: (a) a director or secretary of the corporation; or. (b) a person: (i) who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the corporation; or. WebSection 459H of the Act states: "(1) This section applies where, on an application under section 459G, the ... Decisions on the same defect have gone different ways in differing … how address letter to mayor