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Deep Cycle Systems Update – Statutory Demand Ignored. Liquidation Next.
This is a legal status update on my ongoing dispute with Deep Cycle Systems Pty Ltd (DCS).
To recap: I hold a District Court costs order against DCS for a substantial judgment debt. Following that, my lawyers served DCS with a statutory demand — giving them 21 days to either pay up or challenge it in court. That deadline has passed. DCS did neither. They simply ignored it.
Under Australian corporations law, ignoring a statutory demand creates a legal presumption of insolvency. That means I can now apply to the Federal Court to have the company wound up. My lawyers are preparing exactly that application.
We are currently in discussions with liquidators. Fees alone are quoted between $20,000 and $40,000 — on top of Federal Court legal costs and everything already spent getting to this point. We are working to secure a liquidator willing to act "on spec," meaning they get paid from DCS's assets — but that's not guaranteed.
Worth noting: at an earlier stage, I offered DCS a settlement that would have cost them significantly less than the court-ordered amount. They declined. That decision is now catching up with them.
On a personal note — my 16-year-old daughter was recently diagnosed with Hodgkin lymphoma and is currently undergoing cancer treatment. This legal fight is the last thing I want to be managing right now. But DCS had every opportunity to resolve this, and every time they chose not to. So I'm seeing it through.
Thanks to your support, donations have covered a significant portion of my legal costs. We are now entering the Federal Court phase, which means further costs ahead. If you're in a position to help and believe in holding companies accountable, details are below. No pressure — you've already done more than enough.
Either DCS pays the judgment debt, or a liquidator takes control of the company and investigates its affairs. I'll keep you updated.
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