Statutory Demands
Law and Practice
By: Farid Assaf
About This Book
"This work examines the formal requirements for a Statutory Demand under Part 5.4 Division 2 of the Corporations Act, 2001, the legislative history of the statutory demand regime and the various circumstances in which courts will set aside a demand. It contains checklists, court forms and rules."--Provided by publisher.
AI Overview
The book "Statutory Demands" by Farid Assaf is a comprehensive guide to the law and practice of statutory demands and winding up a company in insolvency. Here is a detailed overview:
Key Themes
Statutory Demands: The book focuses on the legal framework and practical aspects of statutory demands, which are formal notices issued by creditors to companies to demand payment of a debt. It covers the process of serving statutory demands, the requirements for validity, and the procedures for dealing with them.
Winding Up: The book also delves into the process of winding up a company, which can be initiated by a creditor if a company fails to pay a debt as specified in a statutory demand. It discusses the legal procedures, court processes, and the insolvency laws that govern this process.
Insolvency Law: The book provides an in-depth analysis of insolvency law, including the Corporations Act and other relevant legislation. It covers topics such as the grounds for winding up, the role of the court, and the rights of creditors.
Practice Issues: The book is designed for busy legal professionals and addresses practical issues that arise in the context of statutory demands and winding up. It includes case studies, examples, and practical tips to help practitioners navigate these complex legal matters.
Plot Summary
The book does not have a narrative plot but rather a structured approach to explaining the legal and practical aspects of statutory demands and winding up. It is organized to provide a thorough understanding of the subject matter, covering topics from the basics of statutory demands to advanced practice issues and court procedures.
Critical Reception
Foreword by Justice Robert Austin: The book was officially launched by Justice Robert Austin in 2008. In his foreword, Justice Austin noted that the book's comprehensive coverage of statutory demands was initially surprising but ultimately demonstrated the importance and complexity of the subject matter. He highlighted that despite the relatively short duration of most statutory demand cases, the body of case law on the topic is substantial and deserves careful study.
Book Reviews: The book has received positive reviews for its thoroughness and practicality. It has been praised for its ability to provide a detailed understanding of the legal framework and practical issues related to statutory demands and winding up. The book's comprehensive nature and detailed analysis have made it a valuable resource for legal professionals dealing with insolvency matters.
Updates and Editions: The book has undergone significant updates and revisions. The latest edition, "Assaf's Winding Up in Insolvency," has been completely rewritten, updated, and expanded to reflect changes in the law and practice.
In summary, "Statutory Demands" by Farid Assaf is a seminal work in the field of insolvency law, providing a comprehensive and practical guide to statutory demands and winding up. Its critical reception has been positive, with legal professionals praising its thoroughness and practical application.