459g corporations act pdf

The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. Service of originating process or interlocutory process and supporting affidavit 9 2. Liquidators using all of the tools in the toolbox lavan. Statutory demands the meaning of debt in s 459e of the.

Corporations act 2001 cth ss 459c, 459e, 459g, 459h, 459j, 459p, 459s federal court of australia act 1976 cth s 24 income tax assessment act 1936 cth s 177 income tax assessment act 1997 cth supreme court act 1970 nsw supreme court act 1986 vic s 17a taxation administration act 1953 cth ss 14zzm, 14zzr, 225105, 2555 sch 1. Section 459g gives a recipient of a statutory demand a right to apply to a federal or supreme court to set it aside, unfettered by any obligation to undertake genuine steps. Notification of directors interests in securitieslisted. Corporations act 2001 sect 459j setting aside demand on. Opposing applications to wind up a company in insolvency by sam chizik, member of the victorian bar. The application of the act to applications under section 459g of the corporations act to set aside statutory demands gives rise to a conflict of laws. Specifically, sections 182 and 183 of the corps act contain duties in relation to misuse of position and confidential information. This compilation is affected by retrospective amendments. Please see the treasury laws amendment 2017 measures no. If the company fails to apply to set the demand aside, or having applied, is unsuccessful in doing so, the statutory demand matures into a presumption that the company is insolvent. Download pdf 62 kb abstract the application before the court in millerview constructions pty ltd v palmer plumbing pty ltd 2008 qsc 005 raised a significant question regarding the appropriate construction of s 459g of the corporations act 2001 cth the act. This demand is called a creditors statutory demand and is issued using form 509h. Section 530a requires officers and, usefully, former officers to among other things.

This is the authors version of a work that was submitted. Notice of certain applications to be given to asic 10 2. An act to make provision in relation to corporations and financial products and services, and for other purposes. P a g e 2 pty ltd v kpa architects pty ltd 2014 wasca 91 pullin ja. This database contains copies of all consolidated commonwealth acts with the exception of some appropriation and supply acts and, from may 2015, all amending acts due to comlaw changes. Corporations law amendment no 3 rules 2003 under the supreme court act 1970 published in gazette no 197 of 19 december 2003, page 177 page 1. Corporations act 2001 sect 459f when company taken to fail to comply with statutory demand 1 if, as at the end of the period for compliance with a statutory demand, the demand is still in effect and the company has not complied with it, the company is taken to fail to comply with the demand at the end of that period. Both plaintiffs claim that the statutory demands should be set aside under s 459j1b of that act because they contend. If there have been no amendments to an act or an official consolidation does not yet exist, you will not find it in this database.

This is a compilation of the corporations act 2001 that shows the text of the law as amended and in force on 27 february 2020 the compilation date. Corporations act 2001 sect 459f when company taken to. Newnes and murphy jja concurring, which has taken a somewhat different view, at least in one respect, from that which has until now prevailed in this. Corporations act 2001 sect 459g company may apply 1 a company may apply to the court for an order setting aside a statutory demand served on the company. There was a need to outline the procedure set out in section 459g to set aside the statutory.

Adjourn the application pursuant to s 459g of the corporations act 2001 to a date to be fixed. The respondents contend the application should be dismissed because it was not properly served within the. The company jackaroo agencies pty ltd pay the respondents costs thrown away by the adjournment to be assessed on the. Note under the corporations act, s 9, a reference to the act includes a reference to the corporations regulations. Whilst it is common knowledge that directors have duties to corporations under the corporation act corps act, what is less well known is that employees have duties to corporations under the corps act too. The application before the court in millerview constructions pty ltd v palmer plumbing pty ltd 2008 qsc 005 raised a significant question regarding the appropriate construction of s 459g of the corporations act 2001 cth the act. Australian insolvency section corporations act 2001. Corporations law amendment no 2 rules 2001 amendments schedule 1 page 5 3 rule 3. Supreme court corporations wa rules 2004 contents page v this printout is not an official version of the legislation 11. Opposing applications to wind up a company in insolvency. The corporations act 2001 cth section 459g of the corporations act 2001 cth the corporations act says. It is convenient to deliver the one judgment as the issues and factual. Given the breadth of arguments canvassed in that case, the decision provides a useful summary of the authorities on this issue. This is a compilation of the corporations act 2001 that shows the text of the law as amended and in force on 19 october 2018 the compilation date.

Determination of application where there is a dispute or offsetting claim 459j. Corporations act 2001 sect 459h determination of application where there is a dispute or offsetting claim 1 this section applies where, on an application under section 459g, the court is satisfied of either or both of the following. Corporations act 2001 federal register of legislation. Dealing with statutory demands arising from the building and construction industry security of payment act 1999 presented by timothy bland, 29th april, 2016. Showpo v black swallow why employees have duties under. Alternatively, the company sought to have the demand varied. His honour noted12 that to the extent that s 362 of the acts interpretation act may apply to provide for service on the next business day if time under s 459g expired on a. Corporations act 2001 sect 459j setting aside demand on other grounds 1 on an application under section 459g, the court may by order set aside the demand if it is satisfied that. Corporations s 459g corporations act 2001 cth application to set aside statutory demand consideration. On 30 september 2019 the appeal period set out in rule 64.

The corporations act 2001cth corporations act requires a liquidator to take control of the companys property on appointment. The 21 days was not prescribed by the order10 but fixed by s 459g. Most notably, the respondents attempted to argue that the application had not been served at its. Corporations act 2001 cth s 459g application to set aside statutory demand manner of service meaning of on the person who served the demand on the company the application before the court in millerview constructions pty ltd v palmer plumbing pty ltd 2008 qsc 005 raised a significant question regarding the appropriate construction of s 459g of the corporations act 2001 cth. Section 459g of the corporations act 2001 provides that a company served with a demand may apply to a court having jurisdiction under the corporations act 2001 for an order setting the demand aside.