Document ID: chunk:federal_register_of_legislation:F2024C00490:front:0:p9
Version: federal_register_of_legislation:F2024C00490
Segment Type: other
Provision Reference: 
Character Range: 21063–23704

and subrule 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 ASIC 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.

2.5  Affidavits made by creditors
  Subject to rule 5.4, an affidavit that is to be made by a creditor may be made:
 (a) if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or
 (b) if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or
 (c) in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor.

2.6  Form of affidavits
  An affidavit must be in a form that complies with:
 (a) the rules of the Court; or
 (b) the rules of the Supreme Court of the State (if any) or Territory (if any) where the affidavit was sworn or affirmed.

2.7  Service of originating process or interlocutory process and supporting affidavit
 (1) As soon as practicable after filing an originating process and, in any case, at least 5 days before the date fixed for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on:
 (a) each defendant (if any) to the proceeding; and
 (b) if the corporation to which the proceeding relates is not a party to the proceeding—the corporation.
 (2) As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date fixed for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on:
 (a) each respondent (if any) to the application in the interlocutory process; and
 (b) if the corporation to which the application in the interlocutory process relates is not a party to the application in the interlocutory process—the corporation.

2.8  Notice of certain applications to be given to