Wayne Davis Solicitor

Recovering Money Paid by Mistake

04/10/2020 By // by Wayne Davis

Recovering money paid by mistake is a claim in restitution for unjust enrichment because of mistake. If you have accidently made a payment to the wrong person – paid into the wrong bank account, overpaid an invoice, etc. then you may have a …

Recovering Money Paid by MistakeRead More

The Presumption of Insolvency for Unsatisfied Execution

13/09/2020 By // by Wayne Davis

The presumption of insolvency for unsatisfied execution is another way that a company can be presumed insolvent, or a person commits an act of bankruptcy. The most common way that a creditor can raise the presumption of insolvency against a …

The Presumption of Insolvency for Unsatisfied ExecutionRead More

Nuisance and Trespass in Neighbour Disputes

12/07/2020 By // by Wayne Davis

Nuisance and trespass can be causes of action in civil litigation in relation to neighbour disputes. Neighbour disputes can be incredibly stressful and can impact your enjoyment of your property. If you have not found the relief you want …

Nuisance and Trespass in Neighbour DisputesRead More

30 Tips to Reduce Bad Business Debts

05/07/2020 By // by Wayne Davis

Bad business debts and lack of sufficient cash flow can cripple a business. As a business owner you should always be thinking about reducing bad business debts and getting those delinquent invoices paid. This is even more vital in times of …

30 Tips to Reduce Bad Business DebtsRead More

Legal Action to Recover Debt by an Agent

21/06/2020 By // by Wayne Davis

Legal action to recover debt may be the only option left after trying to negotiate with a debtor. Sometimes, an agent will incur debts on behalf of a principal and debt recovery action will need to be commenced to recover that debt. Can an …

Legal Action to Recover Debt by an AgentRead More

Bankruptcy Annulment – Ending Your Bankruptcy Early

30/05/2020 By // by Wayne Davis

Bankruptcy annulment happens in one of three ways. The first way for bankruptcy annulment is to pay all of your debts. The second way for the annulment of the bankruptcy is to compromise the debts with a creditors’ agreement. The final way …

Bankruptcy Annulment – Ending Your Bankruptcy EarlyRead More

Debt Recovery Lawyers – 10 Tips and Tricks

30/05/2020 By // by Wayne Davis

Debt recovery lawyers are legal professionals who focus on legally recovering debts and enforcement of money orders. Most businesses encounter bad debts or bad paying clients at some stage. Recovery of these debts can be frustrating if you do …

Debt Recovery Lawyers – 10 Tips and TricksRead More

Part Payment of a Debt – The Rule in Pinnel’s Case

01/05/2020 By // by Wayne Davis

In debt recovery contract law, it is a general rule that an agreement that a debtor make a part payment of a debt will not satisfy the obligation to repay the entire debt. This is because there is no fresh consideration provided for the second …

Part Payment of a Debt – The Rule in Pinnel’s CaseRead More

Frustration of Contract & Force Majeure Clauses

22/03/2020 By // by Wayne Davis

Frustration of contract occurs in common law when, without fault of either party to a contract, an unforeseen event (or unforeseen events) makes it impossible for the contract to be performed (this could include COVID-19). Frustration of contract …

Frustration of Contract & Force Majeure ClausesRead More

Debt Recovery Lawyers in Queensland

15/03/2020 By // by Wayne Davis

Debt recovery lawyers do a lot more than simply recover debts. A good debt recovery lawyer knows the legal system, and can use this to form a strategic plan, to reach a commercial solution with a positive outcome. Debt recovery solicitors will …

Debt Recovery Lawyers in QueenslandRead More

How to Avoid and Manage Building Disputes in Queensland

01/01/2020 By // by Wayne Davis

Building disputes can arise in a number of different ways between a number of different parties. A building dispute can be between a building owner and a building contractor; between 2 or more building contractors; or homeowner, contractor and a …

How to Avoid and Manage Building Disputes in QueenslandRead More

Unpaid Wages and the Fair Entitlements Guarantee

25/11/2019 By // by Wayne Davis

The Fair Entitlements Guarantee (“FEG”) is a statutory safety net where the Australian Government will pay employee entitlements to eligible employees of a company that gets wound up in insolvency, or for people who have been made bankrupt. The …

Unpaid Wages and the Fair Entitlements GuaranteeRead More

How to Draft an Adjudication Response in Queensland

13/11/2019 By // by Wayne Davis

If you want to know how to draft and serve an adjudication response, then this article will provide you with useful information. If you have been served with an adjudication application in Queensland, then you need to file and serve an …

How to Draft an Adjudication Response in QueenslandRead More

Wage Theft – Underpayment of Wages

07/11/2019 By // by Wayne Davis

Wage theft is the non-payment of your legal entitlements by your employer, including award rates, penalty rates, wages, and overtime. If your employer has stolen your wages then you may have a claim in the Federal Court, Federal Circuit Court, the …

Wage Theft – Underpayment of WagesRead More

Legal Proceedings for Debt Recovery

03/11/2019 By // by Wayne Davis

Legal proceedings for debt recovery include: Trying to resolve the debt dispute without litigation; Starting legal proceedings for debt recovery; Obtaining a judgment or enforceable money order; and Enforcing that judgment over the …

Legal Proceedings for Debt RecoveryRead More