Yesterday, the Supreme Court of New South Wales handed down a decision which highlights the importance of taking care in the preparation of winding-up documents.
The Plaintiff’s winding-up application failed solely because their solicitor had not sufficiently explained how their Statutory Demand had been served Continue reading
In March last year, Faji (Australia) Constructions Pty Limited v AC Professional Accounting Pty Ltd  NSWSC 180, Barrett J said that solicitors must not swear Affidavits in support of Statutory Demands on the basis of information and belief. If they do, the statutory demand is liable to be set aside with costs without the court even bothering to look at whether there might be a genuine dispute or offsetting claim – all you need for the Affidavit to be sworn by the solicitor and you’re home free (and the same presumably applies to Affidavits sworn by the staff debt-collection agencies and anybody else who makes an Affidavit based solely on instructions).
This decision has recently been affirmed Continue reading