Statutory Demands and Winding Up in Insolvency, 2nd Edition

Statutory Demands and Winding Up in Insolvency is a practical reference text examining the formal requirements for a Statutory Demand under Part 5.4 Division 2 of the Corporations Act, 2001, the legislative history of the statutory demand regime and the various circumstances in which courts will set aside a demand.

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ISBN/ISSN: 9780409331547

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Statutory Demands and Winding Up in Insolvency is a practical reference text examining the formal requirements for a Statutory Demand under Part 5.4 Division 2 of the Corporations Act, 2001, the legislative history of the statutory demand regime and the various circumstances in which courts will set aside a demand. It also contains a comprehensive treatment of winding up in corporate insolvency.

Statutory Demands have in themselves generated an increasing amount of litigation due to either flaws in the preparation of the Demand, which in many cases causes them to fail and be set-aside by the Court. There are various other reasons as to why a court may set-aside a Statutory Demand with is addressed by Farid Assaf in Statutory Demands and Winding Up in Insolvency.

The text examines the formal requirements for a Statutory Demand, the legislative history of the statutory demand regime and the various circumstances in which courts will set aside a demand.

Statutory Demands and Winding Up in Insolvency is the 2nd edition to Farid Assaf's Statutory Demands: Law and Practice published in 2008. Since the first edition of this book Australian courts have handed down more than 300 cases in relation to statutory demand including 2 High Court of Australia cases. In addition more than 100 cases on winding up and insolvency have been before the courts.

Click here to see the Book review first published in the LexisNexis Australian Banking & Finance Law Bulletin, Vol 28, No 1, May/June 2012

Features

  • Practical research tool used by the practitioner when handling disputes to set aside a statutory demand
  • Checklists outlining formal requirements
  • Appendix containing forms and Court rules
  • Provides a detailed and scholarly coverage of topics
  • This is one of the only texts available on the market exclusively on this topic
 

Featured Authors

Farid Assaf

Farid Assaf

Farid Assaf (Principal Author and Concept Originator) is a barrister at Banco Chambers in Sydney specialising in insolvency, bankruptcy and corporations law. He is the author of Statutory Demands and Winding Up in Insolvency also published by Lexis Nexis. In 2013 and 2014 Mr Assaf was ranked by Chambers and Partners as a notable practitioner for Dispute Resolution - The Bar. He has also been ranked by the Best Lawyers guide in 2014.

View all books by Farid Assaf (1)

Table of contents

Table of Contents:

 
Chapter 1 - Introduction

 
Chapter 2 - Substantive Requirements for a Statutory Demand

 
Chapter 3 - Formal Requirements for a Statutory Demand

 
Chapter 4 - Setting Aside a Statutory Demand - Part 1: The Application

 
Chapter 5 - Setting Aside a Statutory Demand - Part 2: Genuine Dispute

 
Chapter 6 - Setting Aside a Statutory Demand - Part 3: Offsetting Claims

 
Chapter 7 - Setting Aside a Statutory Demand - Part 4: Defect in the Demand or Some Other Reason

 
Chapter 8 - Events Following a Section 489G Publication

 
Chapter 9 - Application by a Creditor to Wind up a Company in Insolvency

 
Chapter 10 - Restraining and Resiting a Winding-up Application in Insolvency
 

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