Template - Issue Statutory Demand and Affidavit (NSW)

This template of a statutory demand is based on information submitted by you after you have purchased it.

What are Statutory Demands?

Statutory demands are formal demands served on companies and are used to collect unpaid liquidated debts e.g. judgement debts or monies owing under contracts. They are not used to collect damages claims or contingent debts.

If they are not paid within the relevant period, they create a presumption of insolvency that may be used to windup the debtor company more conveniently than if it was necessary to positively prove insolvency of the debtor company. As such, the debtor company is often motivated to pay the statutory demand to avoid being wound up (unless there is a contest about the debt or its amount). 

Statutory demands are technical and there is a great deal of law on the topic. In fact, there are specialist texts on the topic of statutory demands that number into the hundreds of pages. 

This template aims to take away some of the pain that goes into preparing a statutory demand. 

Steps

• Buy the template statutory demand and affidavit; 
• You will be redirected to the form page (and also be given user access for 7 days);
• Complete the form (approximately 35 questions); and
• The following will be sent to you:
  • a pdf template of the statutory demand and affidavit in support that is generated using a precedent and on the basis of information the submitted by you via the form,
  • a short guide and checklist on how to prepare a statutory demand, 
  • clean versions of the relevant forms i.e. creditor's statutory demand Form 509H and the Form 7 affidavit in support so  you can modify the draft generated based on your own needs.  
• Use the pdf as a guide to prepare your own statutory demand and supporting affidavit.

Jurisdiction

Our templates are generally designed for use by creditors in New South Wales (NSW) who want to serve a statutory demand on a debtor company in NSW only. Do note use them for other States or Territories within Australia (or overseas). There can be a range of complications if a statutory demand by a resident in NSW is used to serve a debtor company outside of NSW. 

How to Use the Statutory Form 509H Template (and affidavit in support)

Use this template to try and collect unpaid liquidated debts owed by a company when there is no genuine dispute such as for:

• judgement debts
• a single or two liquidated debts owing under contracts for which invoices were issued
• making an allowance for a portion of a disputed debt within the statutory demand

Additional legal help

If you want any additional legal help, then please note that is an additional and paid service.

Disclaimer

Litigant, and its owners, servants and or agents, will not be liable for any loss suffered by your use of the precedents and or templates or guides. Such services not take into account your personal needs and circumstances and they should not be considered to constitute legal advice. Before using the precedent or template or guide on generative AI, you should consult with your own independent legal advisors, who can advise you about your personal circumstances. The precedents and or templates or guides provided seek to be in accordance with Australian law with a focus on New South Wales (NSW) and are not designed for use outside NSW, Australia or by parties located outside NSW, Australia. While Litigant tries to keep up to date with changes to the law, it is not always practically possible. Litigant, its owners, servants and agents, do not guarantee and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency, or completeness of any precedent or template or guide used or generated. We recommend you exercise your own skill and care with respect to the use of the precedents and or templates and or guides and that you carefully evaluate the accuracy, currency, completeness, and relevance for your purposes. Seek independant legal advice before taking any action.