| Commentary

86.1 Application

| Commentary

86 Procedure to set aside a statutory demand

86.1 Application

The debtor may apply to the court to set aside the statutory demand1. The application2 and witness statement in support3 exhibiting a copy of the statutory demand must be filed in court within 18 days of service of the statutory demand on the debtor. Where substituted service is effected by advertisement, the period—usually 18 days—will be stated in the advertisement, which will also say it is to be calculated from the date of the first appearance of the advertisement4.

The application must:

  1. 86.1.1

        identify the debtor;

  2. 86.1.2

        state that the application is

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial