Assaf's Winding up in Insolvency, 3rd edition
Assaf’s Winding up in insolvency (3rd edition) (earlier known as Statutory Demands and Winding Up in Insolvency) is a practical reference text providing comprehensive treatment of all aspects of winding up in insolvency.
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Assaf’s Winding Up in Insolvency is a practitioner-focused reference text providing comprehensive treatment of all aspects of winding up in insolvency. Formerly known as Statutory Demands and Winding Up in Insolvency, this new text has been completely rewritten, updated and expanded. The work discusses in detailed and scholarly fashion all requirements of winding up in insolvency including establishing insolvency, practical issues relating to issuing and setting aside statutory demands, making and opposing winding up applications and includes guidance on the recent labyrinthine amendments made to the Corporations Act by the Corporations Amendment (Corporate Insolvency Reforms) Act, 2020 and temporary amendments made in response to the Covid-19 pandemic. In addition, the book discusses cross-border aspects of winding-up in insolvency and the winding up of Part 5.7 bodies. Complete with precedents, this work is an essential reference text for all legal practitioners.
• Practical research tool to assist practitioners in dealing with all aspects of statutory demands
• Comprehensive checklists outlining formal requirements for a statutory demand
• Useful appendix containing forms and Court rules
• Practice and Procedure: High Court and Federal Court of Australia (Looseleaf)
• Nicholas, Butterworths Annotated Acts: Annotated Bankruptcy Act 1966, 2009 Edition
• Symes & Duns, Australian Insolvency Law, 2009
Table of contents
- Chapter 1 — Introduction
- Chapter 2 — Establishing Insolvency
- Chapter 3 - Substantive Requirements for a Statutory Demand
- Chapter 4 — Formal Requirements for a Statutory Demand
- Chapter 5 — Setting Aside a Statutory Demand Part 1: The Application
- Chapter 6 — Setting Aside a Statutory Demand Part 2: Genuine Dispute
- Chapter 7 — Setting Aside a Statutory Demand Part 3: Offsetting Claims
- Chapter 8 — Setting Aside a Statutory Demand Part 4: Defect in the Demand or Some Other Reason
- Chapter 9 — Events Following a Section 459G Application: Orders, Costs and Appeals
- Chapter 10 — Application by a Creditor to Wind Up a Company in Insolvency
- Chapter 11 — Restraining and Resisting a Winding-up Application in Insolvency
- Chapter 12 – Cross border aspects of winding up in insolvency