Statutory Demand Disputes Resolved Fast
Strategic legal advice for creditors and companies navigating statutory demands and potential liquidation.
Get Legal Help Now
Your details are 100% confidential.
Why Choose us
Expert statutory demand lawyers in Australia. Clear pricing, strategic advice, and dedicated
support to defend your interests from the first notice
Specialist
Experience
12+ years combined experience handling statutory demands, issuing and setting aside.
Responsive Legal Support
Responsive support to help you act within strict legal deadlines.
Clear Guidance on Costs
Clear guidance on costs so you understand fees before we act.
Tailored
Strategy
Tailored strategy with the strongest path forward for your situation.
Rights Protection
Protecting your rights while reducing risks and procedural pitfalls.
Issuing & Setting Aside A Statutory Demand
Dealing With Statutory Demand
At Stonegate Legal, our statutory demand lawyers understand that dealing with a statutory demand can be daunting for those on the receiving end. We provide our clients with detailed advice on their options when facing a statutory demand, including issuing or setting aside a demand.
Our statutory demand lawyers have extensive experience in dealing with all aspects of statutory demands, from issuing them to representing clients in court proceedings if necessary. Our experienced solicitors will provide you with support throughout the process and ensure that your rights are protected at all times.
What is Statutory Demand?
Help With Statutory Demands | Stonegate Legal
Expert legal support for creditors and debtors in issuing or defending statutory demands.
This video breaks it down with simple examples for better understanding.
Issuing a Statutory Demand
A creditor can issue a statutory demand to recover an outstanding debt. The demand must include details of the debt’s amount, who it is owed to, and how it can be paid. The debtor must pay the debt within 21 days, or the creditor may take legal action against them in court.
At Stonegate Legal, our statutory demand lawyers have extensive experience in dealing with all aspects of issuing a statutory demand. Our statutory demand lawyers will provide our clients with detailed advice on their options and ensure that their rights are protected throughout the process.
Setting Aside a Statutory Demand
If a debtor wishes to dispute a statutory demand, they may apply to set it aside in court. This means that the demand will no longer be legally enforceable and the creditor will not be able to take legal action against them until further notice.
Our statutory demand lawyers understand that dealing with a statutory demand can be overwhelming for individuals and businesses alike. We provide our clients with detailed advice on their options when facing a statutory demand, including setting aside a demand if necessary. Our experienced solicitors will provide you with support throughout the process and ensure that your rights are protected at all times.
Request Your Free Consultation
If you require assistance with issuing or setting aside a statutory demand, our team of lawyers is available to provide you with the necessary aid.
Chat With A Statutory Demand Lawyer
Let us be your strongest partner and trustworthy advisors. We can take you through the complex legal system while always protecting your best interests. Make the wise decision and join forces with us now
Providing Support with Every Step of the Way
At Stonegate Legal, we understand that dealing with a statutory demand can be a difficult process. Whether it is issuing or setting aside a demand, you can count on us to be there for you.
Issuing a Demand
Under Section 9 of the Corporations Act 2001 (Cth), a company must pay $4,000 if it owes a debt of more than $2,000. To demand payment for debts greater than $4,000, a specific form (509h) must be used with accurate information to avoid challenges by the debtor in court. Liquidation is not easily ordered by courts, so attention to detail is essential in the process.
Praesent consequat justo et nisi iaculis suscipit
Praesent consequat justo et nisi iaculis suscipit
Setting Aside a Demand
Sed ut tristique enim. Donec eu egestas magna, ut sagittis tellus. Cras eu faucibus quam
Sed ut tristique enim. Donec eu egestas magna, ut sagittis tellus. Cras eu faucibus quam
Sed ut tristique enim. Donec eu egestas magna, ut sagittis tellus. Cras eu faucibus quam
Sed ut tristique enim. Donec eu egestas magna, ut sagittis tellus. Cras eu faucibus quam
Our Team
Meet Our Statutory Demand Lawyers
Legal Practice Director / Principal Solicitor
Wayne Davis
Wayne Davis is the principal solicitor, legal practice director of the firm, and leads the litigation team. Wayne has an LLB, and GDLP and is admitted to the Supreme Court of Queensland and the High Court of Australia. Wayne is a debt recovery, litigation, and insolvency professional.
Wayne is dedicated to achieving the best possible outcomes, whether through strategic negotiation, alternative dispute resolution, or courtroom advocacy. Wayne understand that every case is unique and takes a proactive approach to ensure your rights and interests are protected at every stage of the process.
Education & Certifications
LLB – Bachelor of Laws
Personal Quote
Don’t believe everything you think.
Areas of Interest
Building and Construction ⦿ Civil/Personal Litigation ⦿ Commercial Lease Disputes Commercial Litigation ⦿ Corporations Disputes ⦿ Debt Recovery/Collection ⦿ Defamation Litigation ⦿ Insolvency Law ⦿ Statutory Demands ⦿ Tax Debt Disputes ⦿ Wills/Estate Litigation
Solicitor
Laylah Toovey
Laylah completed her Bachelor of Laws with Honours at the University of the Sunshine Coast in 2024, completed her Graduate Diploma of Legal Practice in 2025, and was admitted to the Supreme Court of Queensland as a legal practitioner in July 2025. Laylah has worked with Stonegate Legal since 2021, and within this time, has acquired a broad range of knowledge and experience across a diverse range of matters.
Laylah’s approach is centred on understanding your unique circumstances, protecting your interests, and advocating for the best possible outcome. Whether you’re facing commercial disputes, debt disputes, contract issues, or other contentious matters, Laylah and the team are here to guide you every step of the way.
Education & Certifications
Bachelor of Laws (LLB) (Hons) and Graduate Diploma of Legal Practice (GDLP)
Personal Quote
The mind is everything. What you think you become.
Areas of Interest
Building and Construction ⦿ Civil/Personal Litigation ⦿ Commercial Litigation ⦿ Debt Recovery/Collection ⦿ Insolvency Law ⦿ Statutory Demands ⦿ Wills/Estate Litigation
Senior Paralegal
Stacey Harvey
Stacey has been a part of the team at Stonegate Legal since 2022 but has worked in the industry for over 20 years, having extensive knowledge of the legal processes in Australia and specializing in debt recovery claims, default judgments, enforcement action, and bankruptcy.
Stacey spent a large portion of her career as a senior paralegal responsible for the performance and management of a team of paralegals and an administration department for many years. During the first 18 years, she worked for one of Brisbane’s largest debt collection companies, where she managed large portfolios of debt for councils, schools, government departments, and insurance companies, along with debt purchased from various banks, utilities, and other credit providers.
Education & Certifications
Justice of the Peace, Certificate III in Office Business Administration
Personal Quote
Stay positive, work hard, make it happen.
Areas of Interest
Commercial Lease Disputes ⦿ Commercial Litigation ⦿ Debt Recovery/Collection ⦿ Insolvency Law ⦿ Statutory Demands ⦿ Tax Debt Disputes
FAQ
Statutory Demand FAQ with Answers
If a company ignores a statutory demand, the creditor can apply to the court to wind up the company. The company is presumed insolvent, and a liquidator may be appointed to take control of the business and distribute its assets.
Yes, a company can apply to set aside a statutory demand if there's a genuine dispute about the debt, a valid offsetting claim, or a formal defect causing substantial injustice. The application must be filed within 21 days of service.
A genuine dispute exists if there is a real, not spurious, disagreement about the existence or amount of the debt. It must be supported by evidence in an affidavit and is grounds to apply to set aside the demand under section 459H.
Under section 109X of the Corporations Act 2001, a statutory demand must be served by post, personal delivery to the registered office, or handed to a director in Australia. Proper service must be evidenced by an affidavit of service.
As of current legislation, the minimum debt for issuing a statutory demand is $4,000. The amount must be due and payable, and if reduced by dispute or offsetting claim below this threshold, the demand can be invalidated.
Yes, a creditor can withdraw a statutory demand voluntarily before expiry of the 21-day response period. This is usually done by written notice and may form part of negotiated settlements between creditor and debtor.
A statutory demand with formal defects may be set aside if it causes substantial injustice. Courts consider errors in the form, amount, or supporting documents serious enough to invalidate the demand under section 459J.
An affidavit is required if the debt is not a judgment debt. It must state that the debt is due and payable and must comply with all legal requirements. Omission or inaccuracy can render the demand defective.
If not complied with, a statutory demand leads to a presumption of insolvency. This allows the creditor to apply for the company's winding up, potentially resulting in liquidation and the appointment of a liquidator.
Yes, a statutory demand may include more than one debt, provided the total exceeds $4,000 and all debts are due and payable. Each debt must be detailed clearly, and supported by appropriate documentation or an affidavit.
If a company ignores a statutory demand, the creditor can apply to the court to wind up the company. The company is presumed insolvent, and a liquidator may be appointed to take control of the business and distribute its assets.
Yes, a company can apply to set aside a statutory demand if there's a genuine dispute about the debt, a valid offsetting claim, or a formal defect causing substantial injustice. The application must be filed within 21 days of service.
A genuine dispute exists if there is a real, not spurious, disagreement about the existence or amount of the debt. It must be supported by evidence in an affidavit and is grounds to apply to set aside the demand under section 459H.
Under section 109X of the Corporations Act 2001, a statutory demand must be served by post, personal delivery to the registered office, or handed to a director in Australia. Proper service must be evidenced by an affidavit of service.
As of current legislation, the minimum debt for issuing a statutory demand is $4,000. The amount must be due and payable, and if reduced by dispute or offsetting claim below this threshold, the demand can be invalidated.
Yes, a creditor can withdraw a statutory demand voluntarily before expiry of the 21-day response period. This is usually done by written notice and may form part of negotiated settlements between creditor and debtor.
A statutory demand with formal defects may be set aside if it causes substantial injustice. Courts consider errors in the form, amount, or supporting documents serious enough to invalidate the demand under section 459J.
An affidavit is required if the debt is not a judgment debt. It must state that the debt is due and payable and must comply with all legal requirements. Omission or inaccuracy can render the demand defective.
If not complied with, a statutory demand leads to a presumption of insolvency. This allows the creditor to apply for the company's winding up, potentially resulting in liquidation and the appointment of a liquidator.
Yes, a statutory demand may include more than one debt, provided the total exceeds $4,000 and all debts are due and payable. Each debt must be detailed clearly, and supported by appropriate documentation or an affidavit.
Litigation & Dispute Resolution
Discuss Your Case Today
You’ll get a no-fee, no-obligation 30 minute consultation.
