If ignored, a statutory demand can be a death sentence for your company.
If you don’t pay the debt or apply to a court within 21 days, your company is presumed insolvent and may be liquidated. Act now!
A creditor’s statutory demand for payment of a debt (Form 509H) is the corporate equivalent of a bankruptcy notice. It requires a company to pay a debt within 21 days or apply to a court to set the demand aside. A company that does neither will be presumed insolvent and the creditor will then be able to issue winding up proceedings.
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How we can help you
Assessment
$440 inc GST
If you dispute the debt or believe you have an offsetting claim against the creditor, we will review the situation and advise you of your chances of having the demand set aside.
We will provide you with a fixed price quote for a Negotiated settlement or Court hearing after we have considered the matter at an Assessment.
Negotiated settlement
We will:
- prepare an affidavit explaining why the demand should be set aside; and
- before incurring court fees, send a copy to your creditor and invite them to withdraw the demand.
If your affidavit raises a genuine dispute, a sensible creditor will withdraw the demand to avoid the risk of paying your legal costs.
Court hearing
If the matter is not resolved by negotiation, we will:
- file your application and supporting affidavit at the Supreme Court of Western Australia;
- attend one directions hearing;
- prepare written legal submissions; and
- prepare for and represent your company at the court’s hearing of your application.
If you succeed, the court will usually order the creditor to pay your legal fees assessed by reference to the court’s scale.
FAQs
- you dispute you owe the creditor the money;
- the creditor owes you money (i.e. an offsetting claim);
- if the demand is defective and that defect results in a substantial injustice (for example, the demand does not clearly state the amount you must pay); or
- for some other reason (for example, the demand is an abuse of process).
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Legal Practitioner Director
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Why choose us
01.
Benefit from our experience
We’re a law firm with more than 35 years’ experience in litigation and dispute resolution. From straightforward debt collection to Supreme Court trials, these are core services of our firm.
02.
Excellent value for money
We price our services fairly and transparently. We advertise fixed prices for standard services. Otherwise, we will analyse your requirements before issuing a written quote.
03.
100s of happy clients
Our goal is to anticipate your needs and exceed your expectations. We offer friendly and efficient service. Read what our clients say.
