Types of legal process

Read about the main types of correspondence or documents you may receive in an insolvency or commercial litigation scenario

  • 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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