Guides
Statutory demand guides
Plain-English, lawyer-reviewed answers to the most common questions about issuing and serving a statutory demand in Australia.
Basics
- What is a statutory demand?A statutory demand is a formal demand for payment of a company debt under section 459E of the Corporations Act 2001. Here's how it works.
- Who can issue a statutory demand?A creditor owed a due and payable company debt can issue a statutory demand. Learn who is eligible and the key conditions.
- Statutory demand eligibility checklistA quick checklist to work out whether your company debt is suitable for a statutory demand before you issue one.
- Statutory demand minimum amountThere is a minimum debt threshold for a statutory demand. Learn the current statutory minimum and what it means for you.
Process
- Form 509H and the supporting affidavitA creditor's statutory demand uses the prescribed form and, for non-judgment debts, a supporting affidavit. Here's what each requires.
- How to serve a statutory demandCorrect service starts the response clock on a statutory demand. Learn the accepted methods and why service matters.
- What happens during the 21-day period?After a statutory demand is served, the company has a strict window to respond. Learn the options and the deadline.
- What happens after non-compliance?If a company ignores a statutory demand, it is presumed insolvent. Learn what a creditor can do next.
Costs & comparisons
Risks
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