STATUTORY DEMANDS AND WINDING UP IN INSOLVENCY is a practical reference text examining 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 also contains a comprehensive treatment of winding up in corporate insolvency. Statutory Demands have in themselves generated an increasing amount of litigation due to either flaws in the preparation of the Demand, which in many cases causes them to fail and be set-aside by the Court. There are various other reasons as to why a court may set-aside a Statutory Demand with is addressed by Farid Assaf in Statutory Demands and Winding Up in Insolvency. The text examines the formal requirements for a Statutory Demand, the legislative history of the statutory demand regime and the various circumstances in which courts will set aside a demand. STATUTORY DEMANDS AND WINDING UP IN INSOLVENCY is the 2nd edition to Farid Assaf's STATUTORY DEMANDS: LAW AND PRACTICE published in 2008. Since the first edition of this book Australian courts have handed down more than 300 cases in relation to statutory demand including 2 High Court of Australia cases. In addition more than 100 cases on winding up and insolvency have been before the courts.

"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.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Providing detailed commentary of unrivalled quality on the process of civil litigation, this is the only major civil work to adopt a narrative approach based on the chronology of a claim. Written by a team of expert practitioners and academics, it provides authoritative analysis on the process of civil litigation from commencement of a claim to enforcement of judgments, addressing civil procedure in the county courts, the High Court, the Court of Appeal, and the Supreme Court. The book also considers more specialist matters such as insolvency proceedings, sale of goods, and human rights, providing expert analysis on a comprehensive level. Commentary is combined with the text of the Civil Procedure Rules (CPR), Practice Directions (PD), and Pre-Action Protocols and Procedural Checklists, all fully cross-referenced to the text to ensure ease of use for the busy practitioner. As well as a detailed and user-friendly index the quick-reference guide inside the front cover provides an alternative point of access for those more familiar with the CPR. Also available, Blackstone's Civil Practice: The Commentary 2013 is a concise new book providing the unique commentary independently from the CPR, PD and other appendix materials. Electronic versions of the Procedural Checklists in Blackstone's Civil Practice 2013 are available from IRIS Laserform.

Designed to accompany the company law module on the Bar Professional Training Course, this manual gives an overview of the salient topics of the subject. It covers substantive law and provides a foundation for applying the professional skills that barristers need in a company law context.

This long-established legislation handbook provides annotated commentary and clarification on the legal and practical implications of the latest insolvency legislation. It is the standard work for accountants, lawyers and government officers dealing with insolvency.

This new handbook expertly guides practitioners step-by-step through personal insolvency law, right from the pre-petition stage to appeals. It combines a succinct analysis of the law with a clear explanation of its practical application. Covering all the relevant topics, including bankruptcy, insolvent partnerships and Individual Voluntary Arrangements, it will prove an indispensable tool for lawyers and insolvency practitioners advising either creditors or debtors. * Up-to-date with key legislative provisions from the Insolvency Act 2000 and the Enterprise Act 2002 * Highly practical treatment, with examples and case studies throughout * Provides all relevant forms * Contains a useful list of all bankruptcy courts

Debt is a fact of life nowadays. Debt is used to help businesses grow and individuals secure their futures. But sometimes things go awry - the financial upheaval of pandemic being a prime example - and a debtor is left facing bills they cannot pay. Their creditors may then start to take legal action to recover their money and, if they are still not paid, creditors may threaten to present a bankruptcy or a winding up petition. The law and procedures involved are complex and can seem overwhelming to someone with little legal knowledge. Insolvency Law Made Clear: A Guide for Debtors aims to help such people. It is a clear, plain English guide to personal and corporate insolvency law and procedure that will help the debtor either challenge their creditors or enable them to come out the other side with the best outcome possible so they can move on to the next chapter in their life. Daniel Kessler, a barrister who represents both debtors and creditors in the insolvency courts, answers all the key questions that the reader will need to answer such as: Should a debtor go bankrupt? If not, what are the alternatives? Should the debtor resist? What is a statutory demand and what is a bankruptcy petition? What powers does a Trustee in Bankruptcy have? And can they be challenged? What are the different types of corporate insolvency? When will a director have to pay the debts of their company? What happens after a company is wound up? Crucially, he also provides invaluable tips, guidance and checklists on how to represent yourself in proceedings - sometimes, the only option where funds are tight- alongside a collection of precedent documents and forms that will help in that effort. This comprehensive combination of guidance and precedents in Insolvency Law Made Clear: A Guide for Debtors makes it an essential reference for everyone facing a debt they cannot afford to repay, whether as an individual or a business.

Principles of Insolvency Law is widely regarded as 'the' text on Insolvency law. Professor Sir Roy Goode's reputation as the "doyen of commercial law" has established a unique position for the Work as a leading authority in the field. The book provides a clear and concise treatment of the general philosophical principles underpinning Insolvency law. It works as an introduction to this complex area and as such it has a broad market, ranging from students and newly qualified practitioners to barristers in Court.

The third edition of this popular book brings the law relating to debt recovery fully up to date.