Share on LinkedInShare on LinkedIn

ARTICLE · 28 DECEMBER 2020

Changes to statutory demands from 1 January 2021

Swaab Attorneys
Explore more from Swaab Attorneys

The temporary insolvency protections relating to statutory demands, which will apply to all companies, are due to end.

AustraliaInsolvency/Bankruptcy/Re-Structuring
Marc Baddams
Marc Baddams
Sean Greenwood
Sean Greenwood
Esther Khoo
Esther Khoo
Author LinkedIn connections

The temporary insolvency protections relating to statutory demands, which apply to all companies, are due to end on 31 December 2020.

In the normal course, under section 459E of the Corporations Act, a creditor can issue a statutory demand against a company demanding payment of a debt of at least $2,000 (the Statutory Minimum) that is currently due and payable. The company then has 21 days after being served with the statutory demand to pay the demanded amount, reach an agreement with the creditor about the debt to the creditor's satisfaction, or to apply to a relevant court to have the statutory demand set aside.

If a company fails to respond to the statutory demand within 21 days, it will be presumed to be insolvent and the creditor can make an application to a court for the company to be wound up in insolvency and a liquidator to be appointed to the company.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in
For further information please contact:

Michael Byrnes, Partner
Phone: + 61 2 9233 5544
Email: [email protected]

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

How Much Income Can A Bankrupt Earn?

Under Australia's bankruptcy system, there is no limit on how much income a bankrupt person can earn, though they may be required to make compulsory contributions if their after-tax income exceeds statutory thresholds. This article examines how income contribution calculations work, what thresholds apply based on the number of dependants, and why the system balances creditor interests with maintaining a reasonable standard of living for bankrupt individuals.
AustraliaInsolvency/Bankruptcy/Re-Structuring
Worrells
Worrells
Article

Trust Structures And Asset Protection During Bankruptcy

Trust structures can protect assets held for others, but they do not shield a bankrupt person's own entitlements, trustee indemnity rights, or transfers made to defeat creditors. The deed, financial records and transaction history determine whether trust property remains outside the bankruptcy estate or becomes available to creditors through beneficial interests, indemnity claims, or voidable transaction recovery.
AustraliaInsolvency/Bankruptcy/Re-Structuring
Stonegate Legal
Stonegate Legal
Article

Voluntary Administration In Australia

Voluntary Administration under Part 5.3A of the Corporations Act 2001 offers Australian companies a formal insolvency process where an independent liquidator investigates whether the business can be preserved. During this process, most unsecured claims are stayed while creditors, employees, and secured parties navigate distinct rights and exceptions. Understanding the strategic timing for directors, the decision-making power of creditors, and the specific protections available to employees proves critical t
AustraliaInsolvency/Bankruptcy/Re-Structuring
Stonegate Legal
Stonegate Legal
Article

Clawback Risks In Bankruptcy Explained

Bankruptcy trustees can challenge pre-bankruptcy transactions under sections 120, 121, and 122 of the Bankruptcy Act 1966, targeting undervalued transfers, creditor-defeating arrangements, and preferential payments. Understanding the statutory tests, timing rules, and evidentiary requirements is essential for recipients facing clawback demands, as market value alone does not guarantee protection and poor documentation can prove decisive.
AustraliaInsolvency/Bankruptcy/Re-Structuring
Stonegate Legal
Stonegate Legal
Article

Sequestration Order And Bankruptcy Notices Explained

When a creditor seeks to make an individual bankrupt through a sequestration order, the process involves strict statutory requirements including judgment thresholds, bankruptcy notices, and court scrutiny. Understanding the procedural steps, potential defects, and strategic alternatives is essential for both creditors pursuing debt recovery and debtors facing insolvency proceedings.
AustraliaInsolvency/Bankruptcy/Re-Structuring
Stonegate Legal
Stonegate Legal
Article

Recovering Company Debts Using Statutory Demands

A statutory demand is one of the fastest and most powerful tools for recovering undisputed debts from Australian companies, engaging insolvency provisions that give debtors just 21 days to respond. While it creates significant commercial pressure that often leads to payment or negotiated resolution, it must be used carefully for genuinely undisputed debts to avoid being set aside and incurring adverse costs.
AustraliaInsolvency/Bankruptcy/Re-Structuring
Stonegate Legal
Stonegate Legal