Wayne Davis Solicitor

Statutory Demand – Complete Guide

20/03/2021 By // by Wayne Davis

A statutory demand is a written request for the payment of debts that are owed by an insolvent company, under section 459E of the Corporations Act 2001 (Cth).This complete guide to statutory demands is one of the most comprehensive free guides to …

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Defending a Defamation Claim in Queensland

13/03/2021 By // by Wayne Davis

Defending a defamation claim relies on several legislative defences and other common law defences to defamation.Defamation is the publication of a false factual statement which harms the reputation of a person or small business. This statement …

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How to get an Order for Sale at Best Price Obtainable

07/03/2021 By // by Wayne Davis

If an enforcement creditor has obtained an enforceable money order, and the enforcement debtor owns real property, then the Court can issue a warrant for seizure and sale of that real property.The enforcement officer (Bailiff) then arranges for …

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Debt Recovery Services in Queensland

14/02/2021 By // by Wayne Davis

Debt recovery services in Queensland can vary depending on a number of different factors.Debt recovery services can range from informal services, all the way through to formal Court or insolvency proceedings.Initially, before a creditor …

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Litigation Lawyers Sunshine Coast

10/01/2021 By // by Wayne Davis

Do you need litigation lawyers on the Sunshine Coast who are experts in litigation and dispute resolution?Litigation lawyers on the Sunshine Coast provide advice and assistance with all Sunshine Coast litigation and dispute resolution …

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Defamation in Queensland

01/11/2020 By // by Wayne Davis

Defamation is the publication of a false factual statement which harms the reputation of a person or small business. This statement is published with either negligence or malice.To bring a civil litigation action for defamation as a company, the …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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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