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ARTICLE · 19 MAY 2020

Statutory Demands in the COVID-19 era

Under new temporary laws, debtors will have a longer time to satisfy statutory demands than usual.

AustraliaCoronavirus (COVID-19)

On 24 March 2020 the federal government introduced, and parliament passed, the Coronavirus Economic Response Package Omnibus Bill 2020. The bill received royal assent on 25 March 2020, and came into force as the Coronavirus Economic Response Package Omnibus Act 2020 ( 'the Act'). The Act provides with respect to statutory demands that:

  • The threshold at which a statutory demand can be issued is increased from $2,000 to $20,0001
  • The statutory period which a company has to respond to a statutory demand after it is served is increased from 21 days to six months.2

The date the Act received royal assent is important, as the Act provides that the legislative changes come into effect only 'The day after this Act receives the Royal Assent'.3 For example, if a company was served with a statutory demand on or before 25 March 2020, the previous threshold of $2,000 and response time of 21 days will apply.

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