Where a statutory demand is based on a tribunal order registered in the Local Court, but the registered order omits key terms from the underlying tribunal order, the demand may be set aside for genuine dispute under s 459H(1)(a) due to uncertainty in the registered order's terms. Registration of part of a tribunal order in the Local Court does not impart the quality of a judgment debt to the unregistered terms for the purpose of s 459E(3)(a), and a verifying affidavit may be required. A statutory demand that is more likely directed at resolving an impasse in incomplete settlement negotiations than evidencing insolvency may be set aside under s 459J(1)(b).
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.