Get the free Application to Set Aside a Statutory Demand

Rule 6.4 Form 6.4 Application to Set Aside a Statutory Demand (a) Insert name and address of person to attend hearing Let (a) attend before the Registrar as follows: Date Time hours Place (b) Insert

How to fill out application to set aside

How to fill out an application to set aside?

1. Gather all the necessary information and documents related to your case, such as court documents, judgments, and any relevant evidence or supporting materials.
2. Read and understand the specific requirements and guidelines for filing an application to set aside in your jurisdiction. These rules may vary depending on your location and the nature of your case.
3. Prepare the application form provided by the court or use a template specifically designed for setting aside judgments. Ensure that you accurately and fully complete all the required fields, including personal information, case details, and reasons for setting aside.
4. Clearly state the grounds on which you are seeking to set aside the judgment. This could include factors such as procedural errors, newly discovered evidence, or any other valid legal reasons depending on your situation.
5. Attach any supporting documents or evidence that can strengthen your case for setting aside the judgment. This could include affidavits, witness statements, or any relevant legal documentation that backs up your claims.
6. Review the completed application form and supporting documents to ensure they are accurate, well-organized, and comply with the rules and requirements set by the court.
7. Make copies of the completed application and all supporting documentation for your records and as a backup.

Who needs an application to set aside?

1. Individuals who have received a judgment against them in a court or legal proceeding and believe there are valid grounds to challenge or overturn that judgment.
2. People who have evidence or arguments that were not previously presented during the original trial or legal proceedings but may impact the outcome if considered.
3. Those who believe there were procedural errors, violations of their rights, or unfairness in the original judgment and wish to have it reviewed or reconsidered.

Remember to consult with a legal professional or seek appropriate guidance specific to your jurisdiction to ensure accurate and timely completion of the application to set aside.

People Also Ask about

What is a statutory demand 4 months?

The creditor who serves a Statutory Demand, has 4 months to apply to bankrupt or wind up the debtor. If the creditor takes action after 4 months, the Court will require an explanation as to the delay.

What is a statutory demand and winding up in insolvency?

The Statutory Demand A Statutory Demand issued by the Court allows just 21 days to pay the debt. If you don't pay or contest the claim, your Company will be deemed to be insolvent.

What is Section 459E of the Corporations Act 2001?

A Creditor's Statutory Demand is a technical letter of demand, issued under Section 459E of the Corporations Act 2001 (Cth). It may be issued against a company in circumstances where the issuing creditor believes that there is no dispute in relation to the debt owed to it by the debtor company.

What are the grounds to set aside a stat demand?

If you have been served with a statutory demand and there is a defect in the demand causing substantial injustice, a genuine dispute about the debt claimed, or a counter claim against the person who served the statutory demand, then you can apply to the Supreme Court or Federal Court to set aside the statutory demand.

What is the statutory minimum of demand?

The statutory minimum, which is the minimum threshold that must be met for a creditor to issue statutory demands, was once $2,000. However, changes to statutory demands came into effect in July 2021. The main change is the increase in the statutory minimum from $2,000 to $4,000.

What is 459E of the Corporation Act 2001?

A Creditor's Statutory Demand is a technical letter of demand, issued under Section 459E of the Corporations Act 2001 (Cth). It may be issued against a company in circumstances where the issuing creditor believes that there is no dispute in relation to the debt owed to it by the debtor company.

For pdfFiller’s FAQs

Can I create an electronic signature for signing my application to set aside in Gmail?

You can easily create your eSignature with pdfFiller and then eSign your application to set aside directly from your inbox with the help of pdfFiller’s add-on for Gmail. Please note that you must register for an account in order to save your signatures and signed documents.

How can I edit application to set aside on a smartphone?

The pdfFiller apps for iOS and Android smartphones are available in the Apple Store and Google Play Store. You may also get the program at https://edit-pdf-ios-android.pdffiller.com/. Open the web app, sign in, and start editing application to set aside.

How do I fill out application to set aside using my mobile device?

Use the pdfFiller mobile app to complete and sign application to set aside on your mobile device. Visit our web page (https://edit-pdf-ios-android.pdffiller.com/) to learn more about our mobile applications, the capabilities you’ll have access to, and the steps to take to get up and running.

What is application to set aside?

An application to set aside is a legal request to nullify or invalidate a previous court order or judgment.

Who is required to file application to set aside?

Typically, the party that is adversely affected by the court order or judgment is required to file an application to set aside.

How to fill out application to set aside?

To fill out an application to set aside, one must complete a specific form provided by the court, detailing the reasons for the request and attaching any necessary evidence or documentation.

What is the purpose of application to set aside?

The purpose of an application to set aside is to allow a party to seek relief from a court's order or judgment that they believe is unjust or was obtained improperly.

What information must be reported on application to set aside?

The application must typically include the case number, the names of the parties involved, the specific order or judgment being challenged, the grounds for the application, and any supporting evidence.