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Statutory Demand

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STATUTORY DEMAND

The Australian Treasury describes a statutory demand as… A notice made by a creditor under the Corporations Act on a debtor company. As the name suggests, a statutory demand demands the payment of a debt.

One is a demand pursuant to a judgement debt, the other is a demand for a single debt. The precedents come with commentary covering:

  • Statutory Demands – overview of practice and procedure
  • What is a statutory demand?
  • Requirements of a Statutory Demand
  • Formal requirements of a Statutory Demand

The precedents set out the formal requirements of a Statutory Demand in basic form.

This must be accompanied by affidavit, pursuant to section 495E (3) of the Corporations Act 2001, unless it is a judgement debt.  It is good practice to accompany all Statutory Demands by affidavit. An Affidavit is included in this precedent set.

 

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