#statutory demand

Emmott v Michael Wilson & Partners Ltd [2022] is a case in which the debtor was successful in challenging the validity of a statutory demand. Statutory demands are a legal tool used by creditors to demand payment of a debt. The process involves serving the debtor with the demand, which if not satisfied, can progress to an individual bankruptcy petition or a company winding-up petition. It is…

How to deal with winding-up petitions following the relaxation of temporary COVID insolvency measures

The UK government has announced the relaxation of the temporary rules which were put in place in order to restrict the use of winding-up petitions during the Pandemic. The changes which come into effect from 1 October 2021 will remain in force until 31 March 2022. We are leading experts specialising in insolvency proceedings. Our experienced City of London solicitors and barristers regularly…

Statutory Demand – Complete Guide

A statutory demand is a written request for the payment of debts that are owed by an insolvent company, under section 459E of the Corporations Act 2001 (Cth).

This complete guide to statutory demands is one of the most comprehensive free guides to statutory demands in Australia.

This guide will look at how statutory demands work and when it’s appropriate to use these demands – how to draft a…

Abuse of Process – Statutory Demand

When is a statutory demand an abuse of process?

The Courts have said that an abuse of process includes:

Conduct that is unconscionable; and/or

Conduct which gives rise to substantial injustice; and/or

When they are used for an improper purpose; and/or

When they are used for the coercive collecting of debt genuinely disputed.

If you have been served with a statutory demand for an improper purpose,…

Commence Proceedings on a Person or Company

Do you need to commencement proceedings?  There are three (3) main options to commence proceedings against a defendant: Commence proceedings in the Queensland Civil Administrative Tribunal (“QCAT”); and Commence Proceedings in the Court with jurisdiction; or Serve a statutory demand. The purpose of commencing proceedings is to use legal remedies to recover the outstanding sum and/or to recover…

Statutory Demand for Payment 101

Statutory Demand for Payment is a demand for the payment of a debt owed by a company under section 459E of the Corporations Act 2001 (Cth) (“the Corporations Act”). The elements of a statutory demand are outlined below and discussed further in this article. A statutory demand: Must be for an amount of liquidated debt or debts which is the more than the statutory minimum, currently $2,000.00; If…

A written request for the payment of debts that are owed by a company is called a Statutory Demand. In some cases a statutory demand for payment of debts are used by companies as a tool for debt collection. We will look at how Statutory Demands work and when it’s appropriate to use these demands.

Statutory Demandsare quite simple to comprehend. When a Statutory Demand is served a company must do…