Winding Up

Winding up notices are otherwise known as Statutory Demands.

Winding up notices need to be supported by an affidavit sworn by the appropriate company director setting out the basis for the demand.

We provide fixed prices for preparation of Winding Up Notices.  

The Choice of Winding Up Notice -v- Commencing Legal Action

Winding up notices need to be very carefully considered and should not be prepared and served when there is a genuine dispute regarding a debt.  That is not to say that the claims giving rise to a dispute are not rejected but, that if a dispute is raised, then legal proceedings should be commenced against the party raising the dispute and a winding up notice should not be served.  The reason for this is, that if a winding up notice is served an application may be made for it to be set aside and a claim for costs could be made against you.  It may be preferable to commence legal proceedings in court and seek judgment against the debtor rather than issue a winding up notice.

Setting Aside Statutory Demands

If you have been served with a Statutory Demand (otherwise known as a winding up notice) and you believe there is a dispute about the debt that is being claimed in the Statutory Demand, then you may be able to apply to the Court for an order to set aside the Statutory Demand.  Read further about setting aside Statutory Demands here.

You will need to show that the creditor knew there was a genuine dispute and should not have issued the Statutory Demand.  If you are able to show the court this, then most likely you will be successful in obtaining a costs order against the party issuing the Statutory Demand.

We represent companies who are served with Statutory Demands who need advice on setting them aside by making application to the Supreme Court.  We provide fixed prices for the court appearances required to obtain orders to set aside the Statutory Demand.

We act for creditors wishing to serve winding up notices on debtor companies and for companies served with those notices who need advice on setting them aside.

We advise creditors in relation to liquidation of companies including the preparation of winding up notices/statutory demands for payment and we also represent companies who make or are served with Supreme Court applications relating to setting aside statutory demands

Our Law Firm owns our offices so we don't pay the exorbitant St George's Tce rent that many commercial law firms do.  Our rates and fixed prices for commercial work and litigation matters are therefore lower than the prices charged by many Perth Commercial law firms.

Further information can be found here regarding our fixed fees.

Advice on the procedure for winding up companies and bankruptcy of individuals including preparation of bankruptcy notices and statutory demands/winding up notices prior to commencement of proceedings and advice on the procedure relating to the administration of bankruptcies and liquidations.

Attending court to obtain orders to wind up debtor companies.

 

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