April 7, 2020
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 […]
April 3, 2020
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 […]
March 16, 2020
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 […]
March 16, 2020
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 […]
March 16, 2020
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 […]
March 16, 2020
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 […]
March 5, 2020
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 […]
March 4, 2020
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 […]
March 4, 2020
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 […]
February 26, 2020
Creditor’s should exercise caution when issuing a creditor’s statutory demand when they have engaged in correspondence with the debtor regarding the debt. This scenario was discussed […]