What must an affividat in support of an application to set aside a statutory demand include? The Victorian Court of Appeal in Sceam Constructions Pty Ltd v Clyne [2021] VSCA 270 has recently clarified the language around the ‘supporting affidavit’ to be filed within 21 days, and provided helpful reminders of what they should contain.
Read MoreIn short, the answer is no. Section 459G of the Corporations Act requires an application to set aside a statutory demand to be supported by an affidavit within 21 days of service of the demand. Usually the facts for the setting aside application are known within the 21-day period.
What should you do when there are unknown facts at the time of filing the application to set aside? For example, where there are inaccessible or unverifiable documents, or you are waiting on third parties to provide materials (eg accounting information), or further discovery is required?
Read MoreThis post considers two recent cases in the Victorian Court of Appeal where applications to set aside statutory demands pursuant to section 459G of the Corporations Act were appealed:
1) Bendigo and Adelaide Bank Ltd v Pekell Delaire Holdings Pty Ltd [2017] VSCA 5
2) Go Connect Ltd v Sino Strategic International Ltd (in Liq) [2016] VSCA 315
Both cases affirm the principles applicable in applications to set aside a statutory demand.
Read MoreCan a statutory demand pursuant to section 459E of the Corporations Act be served on an incorporated association registered under the Associations Incorporation Reform Act 2012 (Vic)?
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