Disputing the source of the debt may not....

Mar 5, 2013

A company that is served with a statutory demand must either pay the amount referred to in the demand or apply to set aside the demand under s.459G of the Corporations Act 2001 (Cth) (“the Act”) within 21 days of service if it wishes to avoid a presumed insolvency and...

Cost risks for liquidators in statutory....

Feb 20, 2013

The recent case of Re Gowinta Farms Pty. Limited [2012] QSC 423 highlights the importance for insolvency practitioners to ensure that there is no dispute with respect to a debt claimed in a Creditor’s Statutory Demand for Payment of Debt (“Statutory Demand”) and...

Challenging a statutory demand – serve a....

Jan 24, 2013

A company that is served with a statutory demand must either pay the amount referred to in the demand or apply to set aside the demand under s.459G of the Corporations Act 2001 (Cth) within 21 days of service of the demand if it wishes to avoid a presumed insolvency...

SP61288 v Brookfield: Developer owes no....

Oct 12, 2012

In Owners Corporation Strata Plan 61288 v Brookfield Multiplex [2012] NSWSC 1219 the Supreme Court has limited the ability of an Owners Corporation of a Strata Plan to hold a developer or builder liable for rectification of defects within the common property of that...

The costs of unnecessary court applicati....

Oct 3, 2012

The Federal Court has recently issued a stark warning about the need for insolvency practitioners to do their homework, thoroughly, before approaching the court for directions – and to use the court only to clarify points that remain unclear after proper investigation...