Statutory Demands and Winding Up in Insolvency - 2nd Edition

Description

Statutory Demands and Winding Up in Insolvency is a practical reference text examining the formal requirements for a Statutory Demand under Part 5.4 Division 2 of the Corporations Act, 2001, the legislative history of the statutory demand regime and the various circumstances in which courts will set aside a demand. It also contains a comprehensive treatment of winding up in corporate insolvency.

Statutory Demands have in themselves generated an increasing amount of litigation due to either flaws in the preparation of the Demand, which in many cases causes them to fail and be set-aside by the Court. There are various other reasons as to why a court may set-aside a Statutory Demand with is addressed by Farid Assaf in Statutory Demands and Winding Up in Insolvency.

The text examines the formal requirements for a Statutory Demand, the legislative history of the statutory demand regime and the various circumstances in which courts will set aside a demand.

Statutory Demands and Winding Up in Insolvency is the 2nd edition to Farid Assaf's Statutory Demands: Law and Practice published in 2008. Since the first edition of this book Australian courts have handed down more than 300 cases in relation to statutory demand including 2 High Court of Australia cases. In addition more than 100 cases on winding up and insolvency have been before the courts.

Features

- Practical research tool used by the practitioner when handling disputes to set aside a statutory demand
- Checklists outlining formal requirements
- Appendix containing forms and Court rules
- Provides a detailed and scholarly coverage of topics
- This is one of the only texts available on the market exclusively on this topic


Table of Contents

Table of Contents:

Chapter 1 - Introduction
Chapter 2 - Substantive Requirements for a Statutory Demand
Chapter 3 - Formal Requirements for a Statutory Demand Chapter 4 - Setting Aside a Statutory Demand - Part 1: The Application
Chapter 5 - Setting Aside a Statutory Demand - Part 2: Genuine Dispute
Chapter 6 - Setting Aside a Statutory Demand - Part 3: Offsetting Claims
Chapter 7 - Setting Aside a Statutory Demand - Part 4: Defect in the Demand or Some Other Reason
Chapter 8 - Events Following a Section 489G Publication
Chapter 9 - Application by a Creditor to Wind up a Company in Insolvency
Chapter 10 - Restraining and Resiting a Winding-up Application in Insolvency

Author/Contributor

Assaf, F

Farid Assaf is a Barrister at Banco Chambers, Sydney. He was admitted as a Solicitor in 1998 and commenced at the Bar in 2000. Click here to view his author profile.


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