In addition to serving individual clients, we also handle large volume debt recovery for debt collection agencies and other organisations, with competitive pricing.

Our lawyers have a successful track record in recovering debts for a wide range of clients including banks, building societies, government and private organisations, debt collection firms, small businesses, vehicle manufacturers and individuals. Although our offices are located South of Brisbane, we represent clients in all areas of Queensland and interstate disputes.

How We Can Help Creditors

Our debt recovery lawyers can help you recover money owed to you by:

• Evaluating your claim and the relevant agreement terms

• Issuing a letter of demand

• Negotiating payment terms, if applicable

• Providing advice on dispute merits

• Advising on legal proceedings through court or tribunal

• Preparing legal documents and representing you in court, if necessary

• Assisting in dispute resolution methods, such as mediation or conciliation

• Enforcing a decision and suggesting alternate methods, if needed.

How We Can Help Debtors

If you have been served a letter of demand or court proceedings for a debt, our team of debt recovery and litigation lawyers can help you with the following:

• Assess whether the claim is valid and if you have a viable defence

• Evaluate whether the claim is statute-barred under the Limitations of Actions Act or has any other legal hindrance

• Provide advice on the legal process and potential costs involved

• If applicable, prepare and file a defence or response

• Act on your behalf in the proceedings

• Represent you in court appearances

• Assist with alternative dispute resolution methods such as mediation or conciliation to resolve the matter

• Negotiate hardship arrangements and payment terms

We Can Help With a Creditor’s Statutory Demand

For companies who receive or require a Creditor's Statutory Demand for Payment, our lawyers can prepare all necessary documents, or an application to challenge the demand if there is a legitimate dispute, but this must be done within 21 days of the demand being served.

What is a Creditor’s Statutory Demand?

A Creditor’s Statutory Demand is a legal notice, which is sent under Section 459E of the Corporations Act 2001 (Cth). This demand can be sent to a company in situations where the creditor believes that there is no dispute in relation to the debt owed by the debtor company. However, it is important to note that such a demand is not intended to be used as a common debt collection tool.

To support a Creditor’s Statutory Demand, the creditor can include either a judgment from a court or an Affidavit, which should also contain information regarding the outstanding invoices due.

The demand must also be for an amount equal to or greater than $4,000.00, effective from 1 July 2021.

What is the Effect of Creditor Statutory Demand?

Once the Creditor's Statutory Demand is delivered, it serves as a notice to the debtor company, who has a limited time of 21 days to act upon it. If no payment or action is taken within this timeframe, it may lead to a presumption of insolvency, which is automatically triggered. The courts enforce strict compliance with the 21-day deadline, and obtaining extensions of time is uncommon.

The Presumption of Insolvency – Creditor’s Statutory Demand

If a company is unable to pay its debts when they are due, it is considered insolvent, and a court may appoint a liquidator to wind up the company.

The Creditor's Statutory Demand process provides a faster way to prove a company's insolvency.

Failing to properly respond to the demand leads to a presumption of insolvency, after which a creditor can file a winding-up application against the company. This application may be filed by the creditor who issued the demand or any other creditor who is aware of it.

The first step in this process is to apply to the court to appoint a liquidator. The appointed liquidator will then sell the company's assets and distribute the proceeds to all creditors.

How To Wind-up a Company?

If a company is insolvent and fails to comply with a Creditor's Statutory Demand, a creditor can apply to the court for orders to wind up the company.

The creditor who serves the demand can rely on the presumption of insolvency for up to 3 months to support their application, and is referred to as the "Petitioning Creditor".

The court must presume that the company is insolvent, unless there is evidence to the contrary. The process of preparing the necessary documents for a winding up application can be complex, and missing a step or failing to attach all required documentation can result in the application being unsuccessful.

The Federal Court of Australia and the Supreme Court of Queensland both have the authority to issue winding up orders, which typically involve appointing a liquidator to identify, recover, and sell the company's assets, and distribute the proceeds to all company creditors. While the Petitioning Creditor is typically awarded the costs associated with making the application, their debt is usually unsecured and therefore lower in priority compared to secured creditors.

Directors of wound up companies, especially those holding a QBCC license, may face significant consequences.