Wayne Davis Solicitor

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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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Can you Serve a Bankruptcy Notice by Email?

12/10/2019 By // by Wayne Davis

Can you serve a bankruptcy notice by email? If a creditor has received a final judgment or final order the execution of which has not been stayed, and that judgment or order is more than the statutory minimum ($5,000.00), then the creditor can …

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How to Make an Adjudication Application in Queensland

02/08/2019 By // by Wayne Davis

An adjudication application in the building and construction industry is a great way to quickly recover debts without the cost of commencing Court action. From service of the BIFA payment claim, an adjudicator can have a decision to the adjudication …

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Building and Construction Debt Recovery

06/07/2019 By // by Wayne Davis

Building and construction debt recovery solicitors are lawyers who recover debts in the building and construction industry. There are a number of ways building and construction debt recovery solicitors can recover building and construction debts …

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What are Unfair Loans in Company Insolvency?

14/06/2019 By // by Wayne Davis

Unfair loans are only unfair if the interest on the loan, or charges in relation to the loan, were extortionate when the loan was made, or has since become extortionate. This determination is made considering the following: The risk to which …

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Unreasonable Director-Related Transactions and How to Defeat Them

01/06/2019 By // by Wayne Davis

Unreasonable director-related transactions occur when: There is a transaction of a company; and The transaction is a payment, conveyance, transfer, disposition of property, the issue of securities, and/or the incurring of an obligation; and …

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When is a Company Insolvent?

26/05/2019 By // by Wayne Davis

A company is insolvent if it is unable to pay its debts as and when they become due and payable. A company’s insolvency is calculated upon: The cash flow test; and then The balance sheet test. There is a difference between company …

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What are Insolvent Transactions?

22/04/2019 By // by Wayne Davis

Insolvent transactions are one of the elements the liquidator will need to prove if there is an unfair preference claim or an uncommercial transaction claim. The elements of insolvent transactions are: There must be a transaction of a …

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