Preview: Affidavits in Statutory Demands with Sergio Freire and Chenzi Dong
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What are the requirements in a statutory demand and how do you produce an effective supporting affidavit? What is the period for compliance? And what happens if you as a company director receive a statutory demand? What are the possible defects and grounds under which it can be challenged in court? Sergio Freire (Barrister, Dever’s List, Melbourne) and Chenzi Dong (Associate, Kalus Kenny Intelex, Melbourne) examine the decision of the Victorian Court of Appeal in BRC Group Pty Ltd v Watagan Park Pty Ltd [2025] VSCA 36 after a failed application to set aside a statutory demand in a BenchTV presentation.
Discussion Includes:
- An application to set aside a statutory demand
- Basis of a statutory demand
- Facts of the case
- Graywinter principle
- Does the affidavit support the application?
- In the matter of BRC
- Takeaways
Presenter Profiles
BIBLIOGRAPHY
Focus Case
- BRC Group Pty Ltd v Watagan Park Pty Ltd [2025] VSCA 36
Benchmark Link
Judgment Link
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSCA/2025/36.html
Cases
- Graywinter Properties Pty Ltd v Gas & Fuel Corporation Superannuation Fund [1996] FCA 822
- Sceam Construction Pty Ltd v Clyne [2021] VSCA 270
Legislation
- Corporations Act 2001 (Cth)