April 7, 2020

Changes To The Creditor’s Statutory Demand Regime

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

I have been served with a creditor’s statutory demand, what do I do?I have been served with a creditor’s statutory demand, what do I do?

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

How To – Serve A Creditor’s Statutory Demand

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

Due? Payable? Owing?

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 Claiming Multiple Debts

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

Is The Underlying Judgment Due and Payable

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

Substance Over Form When Determining a Genuine Dispute?

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

Identify The Correct Debtor Prior to Issuing a Creditor’s Statutory Demand

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

What Is A Genuine Dispute?

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

Take Care With Correspondence

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 […]