Types of legal process
Read about the main types of correspondence or documents you may receive in an insolvency or commercial litigation scenario
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Court examination order
A document issued by a court compelling a person to attend court to answer questions and provide documents about the affairs of an individual bankrupt or an insolvent company.
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Creditors statutory demand for payment of debt
A document served on a debtor company by a creditor, requiring the company to pay an outstanding debt or potentially face liquidation.
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Bankruptcy notice
A notice issued by the Official Receiver to a debtor upon a creditor’s application to start the bankruptcy process. It is a final demand for money in respect of a final judgment or order.
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Statement of Claim
‘Originating Process’ is a generic term for various documents by means of which a civil litigation is commenced. A statement of claim is a type of originating process which sets out what the other party claims someone owes them and why.
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Director penalty notice
A tax enforcement instrument issued by the Australian Tax Office to the director of a company that has failed to meet all of its tax obligations. A DPN can make the director personally liable for the company’s tax debts set out in the DPN if no action is taken.
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Letter of demand
A letter of demand is a formal request demanding something from the other party – usually the payment of a debt.
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Cease and desist letter
A cease and desist letter is a document sent by a law firm that requires an individual or company to refrain from doing a certain thing.
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Court injunction order
A legal order requiring the party to whom it is addressed either to do something or, more commonly, to refrain from doing something.
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Court freezing order
Also known as Mareva injunction. A type of interlocutory injunction which prevents a defendant from dealing with the whole or part of their assets by moving or dissipating them while legal proceedings are ongoing.
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Letter giving notice of termination of contract
A document through which one contracting party informs another that the contract is terminated before both parties have completely fulfilled their contractual obligations.
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