Statutory Demand to Company with Affidavit of Debt / Court Judgment

Please Note: This document is for a creditor or joint creditors to create a statutory demand pursuant to the Corporations Act 2001 (Cth) for either Court judgment or non-judgement debt/s.

We recommend that before commencing this process, a paid current ASIC Search (min. cost $9) be conducted to confirm that the debtor company is not currently in liquidation and to ascertain its current registered office address.

A creditor may serve a statutory demand on a debtor company:

1️⃣ For a single debt that the debtor company owes to the creditor that is due and payable and which is at least AUD$2,000 (temporarily increased to $20,000 with 6 months minimum time period to pay [as opposed to the normal strict 21 day time period] until 25 September 2020 as prescribed by the Coronavirus relief package); or

2️⃣ For 2 or more debts that the debtor company owes to the creditor that are due and payable and which in aggregate total at least that amount.

Both our [Lawyer-Assisted] and [Full-Service] options include the cost of the ASIC Search, co-ordinating and confirming your correct execution of the Affidavit of Debt (if applicable), finalising the Statutory Demand + effecting service at the debtor company's registered office.

We will also include an Affidavit of Service (if required) to assist with next steps, should the debtor company not pay the Statutory Demand within the prescribed timeframe.

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