A failure to comply with the strict requirements of s 459G of the Corporations Act 2001 (Cth) may have substantial adverse consequences for a company the subject of a creditor’s statutory demand. An example of this can be seen in Adhesive Pro Pty Ltd v Blackrock Supplies Pty Ltd where it was held that a copy of the company’s application to set aside a statutory demand had not been served on the creditor within the 21 day period as required by s 459G(3)(b) and that, therefore, the Court had no jurisdiction to hear the application. The company’s loss of its right to contest the validity of the statutory demand was a result of delay by the registry staff within the Court in processing the company’s application and supporting affidavits and providing sealed copies of these documents. Read about the case here.
Setting aside statutory demands – the requirement to serve a “copy” of the application
Posted in Papers