I have received a statutory demand. What now?

Call us the same day. The demand must be paid, or an application made to set it aside, within 21 days, and that time cannot be extended.

Can I use a statutory demand for a disputed debt?

No. If there is a genuine dispute about the debt, the demand is likely to be set aside, often with costs against you. We check the debt first.

Most document work (leases, agreements, structures) is quoted as a fixed fee from the outset. Debt recovery is staged: a fixed fee for the letter of demand and for a statutory demand, then a written estimate for any court step. Larger matters such as a business sale or a contested proceeding are scoped and estimated in writing before we start, and you are told early if anything changes.

21 days to pay,
or to respond.

For creditors, a statutory demand is often the fastest way to recover a company debt. For companies that receive one, the 21-day deadline cannot be extended. We act for both.

Book a free 15-minute call Call 03 8386 9502

Client reviews

Commercial law clients,
in their own words.

All 84 Google reviews

4.5★★★★★
Google rating from 84 client reviews
Every quote on this page is a public Google review, reproduced in the client’s own words. Read them all →
We engaged Joshi Lawyers for a business purchase and found them to be very professional, dedicated and helpful. Dinesh has a significant degree of knowledge in business and commercial law matters. We were advised about everything in detail and kept informed about our matter’s progress at each stage.
Anqi HuangBusiness purchase · Google review, 2017
Our first experience in Australia using any lawyer. All advice given was very fair and to the point. It was them who suggested the statutory demand process, which we used for a speedy recovery, and it worked.
GNS Group AustraliaDebt recovery · Google review, 2023
Dinesh solved my dispute in 4 months where the other lawyer I had prior took 12 months giving me no foresight on my case. Dinesh has a clear foresight in his cases and closes all objections with ease and makes you aware of your standing.
Dheeraj WadhwaniBusiness dispute · Google review, 2018
From business settlements to my recent land settlement, they have never failed to impress me. Thank you Dinesh and your team for taking the stress from us and dealing with all sorts of issues and disputes very professionally.
Aarti AroraBusiness owner and investor · Google review, 2017

Is this you?

When people come to us about statutory demands and winding up.

Each of these is a good reason to call, and none of them is too early.

A company owes you more than $4,000 and there is no real dispute about it.
Your company has been served with a statutory demand.
A winding-up application has been filed against your company.
You served a demand and the debtor has applied to set it aside.

How we help

Miss the 21 days and the law presumes the company is insolvent.

A statutory demand under the Corporations Act gives a company 21 days to pay the debt or apply to set the demand aside. If it does neither, it is presumed insolvent and the creditor can apply to the Supreme Court to wind it up. Most companies pay.

If your company receives a demand, call us the same day. We regularly set aside defective demands and negotiate with creditors to stop a winding-up before the hearing.

What we do

Statutory demands prepared and served
Applications to set aside a demand
Winding-up applications in the Supreme Court
Opposing winding-up applications
Negotiated settlements and payment terms
Advice on whether the debt is suitable for a demand

Book a free 15-minute call

What happens first

Your first week with us.

A matter should feel different from the first call. This is what you can expect before anything is signed or sent.

What it costs

The first call: what the real question is
Most commercial matters turn on one or two points. We find them first, so the work goes where it counts.
Within the week: a strategy and a written estimate
What a good outcome looks like, how we propose to reach it, and what it will cost, before any letter is sent.
Deadlines first
Statutory demands, court documents and notices carry short time limits. We deal with those before anything else.
From then on: one senior lawyer
You deal with the same lawyer throughout, and you are told early if anything changes.

Your team

Who you will deal with.

Matters are run by the people below, not handed down.

Meet our people

Questions

Frequently asked questions

If your question is not here, it is a good reason for the free call.

I have received a statutory demand. What now?
Call us the same day. The demand must be paid, or an application made to set it aside, within 21 days, and that time cannot be extended.
Can I use a statutory demand for a disputed debt?
No. If there is a genuine dispute about the debt, the demand is likely to be set aside, often with costs against you. We check the debt first.
What does it cost?
Most document work (leases, agreements, structures) is quoted as a fixed fee from the outset. Debt recovery is staged: a fixed fee for the letter of demand and for a statutory demand, then a written estimate for any court step. Larger matters such as a business sale or a contested proceeding are scoped and estimated in writing before we start, and you are told early if anything changes.