CORPORATIONS – application for review of Registrar’s decision dismissing application to set aside a statutory demand – review by way of hearing de novo – whether genuine dispute about the existence or amount of the debt and whether there is an offsetting claim within meaning of s 459H of the Corporations Act 2001 (Cth) – relevant principles –
Related cases – creditors statutory demands
-
Australian Steel Manufacturing PL v Selection Steel Trading PL [2025]FCA 407
CORPORATIONS – application for review of Registrar’s decision dismissing application to set aside a statutory demand – review by way of hearing de novo – whether genuine dispute about the existence or amount of the debt and whether there is an offsetting claim within meaning of s 459H of the Corporations Act 2001 (Cth) – relevant…
-
Lifestyle Homes (ACT) PL v ATO [2024] FCA 1376
CORPORATIONS – statutory demand – application to set aside under s 459G of the Corporations Act 2001 (Cth) (‘the Act’) – where issuing party used outdated version of prescribed form – where updated form added two words – whether omission of those words from outdated form causative of substantial injustice – where receiving party claimed…
-
Option Funds Management PL ATF the Option Greenacre Property Fund v Li [2024] FCA 1010
CORPORATIONS – review of Registrar’s decision under s 35A(6) of the Federal Court of Australia Act 1976 (Cth) – Registrar dismissed application to set aside statutory demand – hearing de novo – where application and supporting affidavit served outside the statutory period – meaning of service – application dismissed Related cases – statutory demands Original…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca0407
For more information, see the original judgement.
