Frustration of Contract Explained Frustration of contract may discharge parties from further performance only in limited circumstances where a supervening event fundamentally changes the nature
Negotiations With the Bank After Loan Default You can often negotiate with the bank after a loan default, and doing so as early as possible
Commercial Lease Lockout in Queensland A commercial landlord in Queensland may be able to lock a tenant out for unpaid rent, but only if the
How to Settle a Commercial Dispute Without Going to Court Yes. Many commercial disputes can be settled without a final court hearing, and in appropriate
Can I Obtain Default Judgment if the Debtor Does Not File a Defence? Not every debt recovery proceeding in Queensland proceeds to a contested hearing
Undervalued Mortgagee Sale: Can You Sue the Bank? An undervalued mortgagee sale can leave a borrower without their property, without expected equity, and still facing
Asset Protection and Bankruptcy Asset protection is one of the most misunderstood aspects of Australian bankruptcy law. Many people assume that transferring assets to a
Borrowers facing a mortgage default generally have two options before a lender completes enforcement: refinance the existing loan or voluntarily sell the property before a
What Is a Force Majeure Clause and How Does It Work in Australia? A force majeure clause is a contractual provision that may suspend, delay,
How to Protect Personal Assets Before Business Failure Many directors and business owners assume that operating through a company fully protects their personal assets from
What Is a Subpoena Under the UCPR? A subpoena is a court-issued document used in Queensland civil proceedings to require a person to produce documents
Why Personal Guarantees Create Personal Risk If a business fails, a personal guarantee can allow a lender, landlord, supplier, or financier to pursue the guarantor’s
What Is a Mortgagee Sale A mortgagee sale occurs when a lender exercises its contractual and statutory right to sell secured property after a mortgage
Can I Run a Business While Bankrupt? Yes, you can generally run a business while bankrupt in Australia, but significant restrictions apply. Bankruptcy does not
What Are Voidable Transactions in Company Liquidation? A voidable transaction is a transaction entered by a company before liquidation that may later be reversed by
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