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ARTICLE · 03 JANUARY 2017

Can a statutory demand served at a companys virtual office be resisted out of time?

Cooper Grace Ward
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These cases highlight the importance of ASIC records being up-to-date and correctly recording the registered office.

AustraliaLitigation, Mediation & Arbitration
Graham Roberts
Graham Roberts
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In the recent case of Hadley v BetHQ Pty Ltd [2016] FCA 1263, the debtor company, BetHQ, came to grief when a statutory demand was validly served at the company's registered office in Brisbane as shown in ASIC records. The premises were a serviced office; however BetHQ had ceased operations at the serviced office and had moved its operations to Victoria.

Unfortunately for BetHQ, the statutory demand did not come to its attention until after the expiry of the 21 day time period to comply with the statutory demand. BetHQ made no application to set aside the statutory demand within the 21 day time period and the creditor commenced winding up proceedings.

Section 459S application

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