In recent months, we have discussed statutory demands from the perspective of a defendant. This month’s article considers the issue of debt enforcement and collection from a different angle: what should creditors be aware of when seeking to enforce a debt against an individual using bankruptcy proceedings? Initiating bankruptcy proceedings to recover a debt can [...]
A statutory demand is a serious legal notice. It is not a routine request for payment, and should not be ignored or procrastinated over. Companies failing to respond to a statutory demand within a fixed prescribed timeframe may face winding-up proceedings. A statutory demand is a formal demand for payment issued under section 459E of [...]
A dispute resolution clause is a key – but often overlooked – element of commercial agreements. Its purpose is simple, yet crucial: to guide parties on how to handle conflicts if they arise. At its core, a dispute resolution clause outlines the steps parties must take before turning to the courts. Many agreements adopt an [...]
When your company is served with court documents commencing a legal proceeding, your company will have to take certain steps within stipulated timelines. These are crucial steps, the failure of which will have swift negative consequences. These administrative steps include informing the Court that you are disputing the claim, and filing a statement setting out [...]
