Demanding a change: Time to act on statutory demands

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Anderson, Colin
Brown, Catherine
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2013
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Abstract

The statutory demand procedure has been a part of our corporate law from its earliest modern formulations and it has been suggested, albeit anecdotally, that under the current regime, it gives rise to more litigation than any other part of the Corporations Act. Despite this there has been a lack of consideration of the underlying policy behind the procedure in both the case law and literature; both of which are largely centred on the technical aspects of the process. The purpose of this article is to examine briefly the process of the statutory demand in the context of the current insolvency law in Australia.

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Insolvency Law Journal

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21

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2

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© 2013 Thomson Reuters. This article was first published by Thomson Reuters in the Insolvency Law Journal and should be cited as Anderson and Brown, Demanding a change: Time to act on statutory demands, (2013) 21 Insolv LJ 97. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.

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Taxation Law

Accounting, Auditing and Accountability

Law

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