Published on 28 May 08
by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE
The Commissioner often uses a creditors statutory demand and winding up proceedings to attempt to collect unpaid taxes from companies. A company must act very quickly if it wants to challenge a statutory demand or defend a winding up proceeding brought by the Commissioner. One option may be to appoint a voluntary administrator. This paper covers:
- statutory Demands - what are they and how to deal with them
- winding Up Applications - what happens and how you can defend one, if at all?
- why company directors should consider appointing a voluntary administrator if faced with winding up proceedings
- applications under section 440A of the Corporations Act to adjourn a winding up application.
Christopher Wilkinson ATI
Chris is a Partner at Brown Wright Stein Lawyers in the Insolvency and Commercial Litigation Practice
Unit. Chris has been a long-standing Associate Member of TIA and has presented at TIA conferences
and various taxation groups. Chris regularly advises clients on litigation in the Administrative Appeals
Tribunal and Federal Court, including all manner of alternative dispute resolution methods. Current at 21 March 2014