The COVID-19 outbreak is causing serious financial disruption across the world and has forced the Federal Government in Australia to implement temporary amendments to the creditor’s […]

Like most litigious matters, early intervention is the key, but given the strictly imposed timelines and the potential severity of non-compliance early intervention is critical. If […]

The Corporations Act 2001 prescribes what steps are required when effecting service of a creditor’s statutory demand on a company. Service By Post The most common […]

Creditors should not issue a creditor’s statutory demand unless the debt referred to in the demand is due and payable rather than simply owing. A debt […]

Creditor’s statutory demands are regularly issued by creditors demanding payment of multiple invoices. Creditors must ensure that all invoices are due and payable prior to issuing […]

When a creditor issues a creditor’s statutory demand in reliance upon a judgment debt, the creditor must ensure that the judgment debt is accurately particularised in […]

The Court may look at the substance of the dealings between a creditor and debtor when determining the existence of a genuine dispute. This principle was […]

Companies regularly trade one business using multiple corporate entities with different corporate names. Creditors issuing a statutory demand to companies such as these should always ensure […]

A creditor should not issue a creditor’s statutory demand if there is a genuine dispute about the existence or the amount of a debt. A genuine […]