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Statutory Demands and Winding Up in Insolvency

Statutory Demands and Winding Up in Insolvency

ISBN 9780409331547
Edition 2 ed
Publication Date
Publisher Butterworths
Author(s)
Overview
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, addressed by Farid Assaf in Statutory Demands and Winding Up in Insolvency. 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.

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