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– application to set aside under s 459G of the Corporations Act 2001 (Cth) (‘the Act’) – where issuing party used outdated version of prescribed form – where updated form added two words – whether omission of those words from outdated form causative of substantial injustice – where receiving party claimed to suffer confusion – where issuing party subject to model litigant obligations
CORPORATIONS – statutory demand – variation to amount of demand under s 459H(4) of the Act – where variation not opposed
Related cases – creditors statutory demands
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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…
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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– application to set aside under s 459G of the Corporations Act 2001 (Cth) (‘the Act’) – where issuing party used outdated version of prescribed form – where updated form added two words – whether omission of those words from outdated form causative of substantial injustice – where receiving party claimed…
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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/2024/2024fca1376
For more information, see the original judgement.
