Question
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Question of the week

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08 September 2017

Where do I begin

Bankruptcy & Liquidation
Federal

Asked

Insolvency - Application to set aside Creditor's Statutory Demand - Jurisdiction

Our client has been served with a Creditor’s Statutory Demand. The issuing company is registered in Victoria. Our client's registered office is in Queensland. The address for service of any application to set aside the demand is in Queensland.

Is the correct jurisdiction to make an application to set aside the demand Queensland?

Answered

Yes, the correct jurisdiction is Queensland.

The issue to be determined is the solvency of the company. This is an issue that arises in the jurisdiction of the registered office of the company.

Regards

Mentor