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 Demand Law
Enforcement Warrant for Redirection of Debts
An enforcement warrant for redirection of debts is an enforcement option pursuant to the Uniform Civil Procedure Rules 1999 (QLD) (“UCPR”). An enforcement warrant for redirection of debts is a way of enforcing a judgment, enforcing a registered …
Recovering Debts or Money Owed
Do you need to collect debts or money owed to you? You can recover debts or money owed in the following ways: Negotiating with the debtor; Mediation or alternative dispute resolution; Filing a claim in the Court with jurisdiction; …
Winding Up Order – How to Wind up a Company
A winding up order is an order from the Court ordering that a company be wound up in insolvency. Section 459P of the Corporations Act 2001 (Cth) ("Corporations Act") says that a creditor can apply to the Court for a company to be wound up in …
How to Draft a Statutory Demand – Form 509H
Do you need to know how to draft a statutory demand - Form 509H? A statutory demand is a demand for payment pursuant to section 459E of the Corporations Act 2001 (Cth) ("the Corporations Act"). If you are a creditor of a debtor company, and the …
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 …
How to Sue a Company in Queensland
Are you looking for information on how to sue a company? Do you want to know how to sue a company in Court or serve the debtor company with a statutory demand? One of the most common reasons to sue a company is because the company has not paid …
Setting Aside Statutory Demand – Complete Guide
If you are setting aside a statutory demand, you must use one of the following: A genuine dispute between the company and the respondent about the existence or amount of a debt to which the demand relates. The debtor company an offsetting …
Client not Paying Invoice? How to Recover the Debt
Do you have a client not paying invoice or invoices? If a customer refuses to pay an invoice or invoices, this could be a sign that they are not solvent. If this is the case then it is important that you act quickly to recover the debt from …
Winding up a Company that owes you Money
Are you thinking about winding up a company that owes you money? If the debtor company is unable to pay its debts when they are due it is likely insolvent. Are you enforcing a judgment debt against a company? Do you have an unsatisfied …