For many businesses, receiving a creditor’s statutory demand for payment of debt can be alarming. A statutory demand is not just another bill—it is a powerful legal document that can have serious consequences if ignored. If…
Section 19 ASIC Notices – What You Need to Know
Receiving a Section 19 notice from the Australian Securities and Investments Commission (ASIC) can be one of the most stressful events a company director or officer can face. It is not merely a request: it is…
Shadow Directors in Litigation: When Influence Becomes Liability
In commercial disputes, particularly those involving breach of director duties, insolvent trading, or shareholder oppression, allegations of shadow directorship often emerge as a core issue. These claims regularly arise in company collapses, restructuring scenarios, and closely…
Enforcement Options Post Judgment: What Comes Next after Default Judgment?
Receiving any type of judgment by the Court in your favour in a debt recovery matter is a significant milestone—but unfortunately, it doesn’t always mean immediate payment from a debtor. Fortunately, under the Uniform Civil Procedure…
You Can’t Just Assert That – Requirements for a Supporting Affidavit to Set Aside a Statutory Demand
A recent case from the Court of Appeal in Victoria[1] provides a useful summary of the relevant principles when seeking to set aside a statutory demand. Background On 12 March 2024, Watagan Park Pty Ltd (“Watagan…