Offsetting Claim – Set Aside a Statutory Demand
Offsetting Claim – Setting Aside Statutory Demands A creditor’s statutory demand is one of the most powerful tools available under the Corporations Act 2001 (Cth). It provides a summary process by which a creditor may require a company to pay a debt of $4,000 or more within 21 days of service, failing which the company […]
Statutory Demand
Statutory Demand Disputes Resolved Fast Strategic legal advice for creditors and companies navigating statutory demands and potential liquidation. Book A Consultation Speak To Our Trusted Lawyers Today Get Legal Help Now Your details are 100% confidential. Why Choose us Expert statutory demand lawyers in Australia. Clear pricing, strategic advice, and dedicatedsupport to defend your interests […]
Genuine Dispute – Set Aside a Statutory Demand
Genuine Dispute – Set Aside a Statutory Demand The defence of genuine dispute under section 459H(1)(a) of the Corporations Act plays a crucial role in preserving fairness in the statutory demand regime. Section 459H(1)(a) states: (1) This section applies where, on an application under section 459G, the Court is satisfied of either or both of […]
How to Use a Statutory Demand to Wind Up a Company
How to Use a Statutory Demand Statutory demands are among the most effective tools available to creditors seeking to enforce unpaid debts against Australian companies. Codified under Part 5.4 of the Corporations Act 2001 (Cth), a statutory demand is not simply a payment request; it is a legal instrument that, if ignored, can result in […]
Statutory Demands in Construction – Complete Guide
Statutory Demands in Construction Statutory Demands in Construction – The risk of delayed or unpaid invoices is a persistent operational concern in the Australian construction industry, particularly for small to medium-sized enterprises. 70% of Australian construction companies experience late payments annually. 92% of Australian construction firms reported overdue invoices in the last 12 months. 39% […]
Can You Serve a Statutory Demand by Email in Australia?
Can You Serve a Statutory Demand by Email in Australia? Yes, as of 15 September 2023, a statutory demand can be legally served by email or other electronic means in Australia under Part 1.2AA of the Corporations Act 2001 (Cth). These changes allow documents—including those under section 459E—to be sent via electronic communication, provided they […]
What is a Creditor’s Statutory Demand?
What Is a Creditor’s Statutory Demand? A creditor’s statutory demand is a formal written request issued by a creditor to a company under section 459E of the Corporations Act 2001 (Cth). It requires payment of a debt exceeding the statutory minimum, currently set at $4,000, within 21 days of service. Failure to comply with a […]
Statutory Demand – Complete Guide
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 demands in Australia. This guide will look at how statutory demands work and when it’s […]
How to Draft a Statutory Demand – Form 509H
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
Abuse of Process – Statutory Demand in Australia 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 purpose; and/or When they are used for the […]
Setting Aside a Statutory Demand – Complete Guide
Setting Aside a Statutory Demand 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 claim. There is a defect in the demand, and […]
Statutory Demand
Statutory Demand Lawyers At Stonegate Legal, we understand that dealing with a statutory demand can be overwhelming for individuals and businesses. We provide legal assistance and advice to clients facing statutory demands, whether it’s issuing or setting aside a demand. Book A Consultation Speak To Our Trusted Lawyers Today What is Statutory Demand? Issuing & […]
When is a Loan Repayable on Demand?
Do you have a loan repayable on demand? A loan is repayable on demand when: There is no time for repayment specified (and so the obligation to repay on demand is implied at law); or The parties actually express the obligation to repay on demand or request (I.e. It is an express term). Unless the […]
Commercial Lease Disputes
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Defamation Lawyers Services
Accused or Defamed? Protect Your Reputation Today. Australia’s Trusted Defamation Lawyers. Fast, Confidential Legal Advice You Can Rely On. Get Legal Help Now Your details are 100% confidential. Why Choose us Expert defamation lawyers in Queensland. Strategic action with transparency and genuine care to protect your reputation and peace of mind. Specialist Experience Over 12 […]
