Statutory Demand — Western Australia
Last updated · Reviewed by the Claim Done team · Not legal advice
A statutory demand is the most powerful debt recovery tool available against a registered company — anywhere in Australia, including Western Australia. It operates under the Corporations Act 2001 (Cth), a federal law that applies in every state and territory.
Claim Done prepares Form 509H under s459E of the Corporations Act and provides delivery instructions for service on the company in Western Australia. $97 flat fee.
Prepare your statutory demand — $97
Who can use a statutory demand in Western Australia?
Any creditor can issue a statutory demand against a registered company (Pty Ltd or Ltd) provided:
- The debt is $4,000 or more
- The debt is a liquidated sum (a specific amount — not estimated damages)
- The debt is not genuinely disputed
- The debtor is a registered company — check on ASIC’s company register
What happens if the company ignores it?
- The company has 21 days from the date of service to pay in full or apply to set aside the demand
- If neither happens and the creditor applies to wind the company up within 3 months, the court must presume the company is insolvent (s 459C Corporations Act)
- You can then apply to the Federal Court or the Western Australia Supreme Court for a winding-up order
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who is this about?
2. How much is at stake?
3. Do you have it in writing?
Your result is ready. Where should we send it?
Why statutory demands work
A statutory demand carries a consequence that no other debt recovery document can match — the threat of being wound up.
The supporting affidavit requirement
Unless the debt is a judgment debt, Form 509H must be accompanied by a supporting affidavit verifying that the debt is due and payable (Corporations Act 2001 s 459E(3)). Claim Done drafts that affidavit as part of the statutory demand package; a demand for a judgment debt needs none.
Statutory demand vs letter of demand
- A letter of demand can be sent to anyone, carries no presumption of insolvency if ignored. Use for individuals, sole traders, or smaller amounts.
- A statutory demand is for companies only, minimum $4,000, and carries the nuclear option of winding up. Use this when the debtor is a company and the debt is clear.
Prepare your statutory demand — $97 | Letter of demand instead
Other legal services for Western Australia
- Letter of demand Western Australia (individuals & sole traders)
- Cease and desist letter Western Australia
What a statutory demand does
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Statutory Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Statutory Demand from the answers you give about your situation for a flat $97 AUD. You read and confirm the draft, then the final PDF is emailed to you. Start at claimdone.com.au/begin/?service=statutory-demand. Claim Done is not a law firm and does not give legal advice.
How much does a Statutory Demand cost, and how long does it take?
$97 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. It covers every Australian state and territory.
Do I need a lawyer to send a Statutory Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Statutory Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.