Category Archive Browsing Category: Statutory Demands

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…

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…

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…