The statutory demand names the wrong company.

Similar company names create a dangerous assumption

A supplier serves a statutory demand on a company whose name resembles another business in the same group. The director believes the invoices belong to the other company and puts the demand aside. Both companies use the same office and some purchase emails carry only the trading name. The identity question needs evidence and a timely response, not confidence based on the letterhead alone.

Compare the legal identifiers

Record the company name and ACN shown on the demand, contract, purchase order and invoices. Obtain relevant company records and identify any name changes. Distinguish a trading name from the legal entity behind it.

Create a short comparison showing exactly where the mismatch occurs. Include documents that complicate the picture as well as those supporting your position.

Preserve service and timing evidence

Keep the demand, accompanying affidavit, envelope and delivery information. Record when and how it reached the company and who handled it.

The Federal Court explains that statutory-demand responses involve strict procedural requirements. Give the complete material to a lawyer immediately; an apparent error does not make it safe to wait for the creditor to correct itself.

Source: Federal Court — Winding up proceedings based on an unsatisfied statutory demand

Trace who incurred the debt

Review who ordered, received and paid for the goods or services. Identify signatures, authority and any transfer of the contract between entities. Ask accounts to reconcile earlier payments without rewriting the original records.

Avoid an unsupported statement that the group never owed anything. The issue is which entity, if any, incurred the particular obligation and what that means for this demand.

Use the advised response route

Ask the lawyer to assess the identity issue, any defect and the evidence needed for the appropriate response. Keep negotiations and court requirements coordinated.

If the creditor agrees to withdraw or replace the demand, obtain clear written confirmation and ask whether further action remains necessary. Do not assume a telephone acknowledgement resolves the procedural position.

Verify the entity and protect the response timetable

Compare company names and ACNs across the transaction.

Preserve service evidence and seek immediate legal advice.

Confirm the actual procedural outcome of any correction or withdrawal.

Call CRP today to coordinate urgent legal support for a demand addressed to the wrong entity.