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1 order, 1 proceedings

You may bring one proceedings to set aside multiple different statutory demands, according to a decision handed down on Friday by the Full Court of the South Australian Supreme Court. This would save you significant costs, time and anxiety! The case involved statutory demands (“SD”) being served by Heirloom on Sante for c$235k and by Dandelion on Sante for…

Take stat demands seriously

Barry has suffered a workplace injury, but his life insurance company (“MPA”) won’t pay out on his Total Permanent Disability (“TPD”) claim. Frustrated and upset, he issues a statutory demand (“SD”). The statutory demand describes his claim on the basis that the CEO of MPA failed to answer the “Common Law Commercial Lien in Tort” (“CLCLT”) within 30 days…

Supporting affidavit’s are paramount

When attempting to set aside a statutory demand (“SD”), please don’t forget to actually ‘file’ the supporting affidavit with the court registry, as a law firm recently found out the hard way. On 18 April 2018, Irwin Homes’ lawyers applied to court to set aside the SD. The 21 day period was to end on…