Category Archive Browsing Category: Statutory Demands

A quick FYI, if you need to appeal a decision from the court that set aside a statutory demand (and the wind-up application) YOU DO NOT need to apply to extend the period of the statutory demand under s459R of the Corporations Act 2001 (Cth). The reasoning of today’s case was that the decision to…

When applying to set aside a statutory demand, don’t just rely upon the work of the court registry! Today’s case, although arbitrary and kind of unfair, is a stark reminder of how courts apply form over substance when you are trying to save your company from being wound-up by the court. Company A was issued a statutory…

In today’s case this is precisely what happened, when AXL received a statutory demand (SD) from a creditor. Remember, when you receive a SD, you have 21 days to serve on the creditor an application to set it aside. Alternatively, you could pay the debt, or appoint formally an insolvency practitioner of your own choosing.…

An extension of time to comply with a statutory demand can even be given by a Court of Appeal (“CA”), thanks to a case published 2 days ago. Complete Hire had failed in the WA Supreme Court to set aside the statutory demand issued against it by Terra Firma, so they appealed to the WACA. However,…

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…