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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AUD$ 229.00
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ISBN/ISSN: 9780409331547

Product description

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

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