Essential Skills: Insolvency Law
Statutory demands and winding up applications

Failure to comply with a statutory demand is a common method for proving a company is insolvent.

Statutory demands are powerful tools but must be used with care to ensure the legal requirements are followed.

This course covers statutory demands and winding up applications, including service issues; defects and challenges; genuine disputes; procedural aspects; settlements; and establishing insolvency in a winding up application.

Learning objectives

At the end of this course you will understand:

• Requirements of a statutory demand.
• Service issues.
• Common defects and grounds for challenging statutory demands (applying to set them aside).
• Recent case law on establishing a ‘genuine dispute’.
• Procedural aspects and pitfalls of applications under s 459G of the Corporations Act.
• Withdrawing a statutory demand (settlements).
• Establishing ‘insolvency’ and contests regarding solvency upon a winding up application.
• Withdrawing a winding up application (settlements).

Who should attend?

Lawyers practising in insolvency law, in-house counsel and insolvency practitioners with an interest in this area of law.

Prerequisites

We recommend participants complete the Introduction to Insolvency Program, or have at least one year of insolvency experience, prior to attending this course.

CPE

TBC - maximum of 2 CPE verifiable hours. 

Please see our enrolment and cancellation policy. For further information contact our education team.