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 …
Bankruptcy Law
Can you Serve a Bankruptcy Notice by Email?
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 …
Enforcement Warrant for Redirection of Debts
An enforcement warrant for redirection of debts is an enforcement option pursuant to the Uniform Civil Procedure Rules 1999 (QLD) (“UCPR”). An enforcement warrant for redirection of debts is a way of enforcing a judgment, enforcing a registered …
Recovering Debts or Money Owed
Do you need to collect debts or money owed to you? You can recover debts or money owed in the following ways: Negotiating with the debtor; Mediation or alternative dispute resolution; Filing a claim in the Court with jurisdiction; …
How to Set Aside a Bankruptcy Notice
Do you need to set aside a bankruptcy notice? Non-compliance with a bankruptcy notice results in the debtor committing an “act of bankruptcy”. An act of bankruptcy is one of the prerequisites to presenting a creditor’s petition in the Federal …
Bankruptcy Lawyers 101 – Complete Guide
Bankruptcy lawyers, or personal insolvency lawyers, can help a number of different parties to a bankruptcy proceeding. If a party is not able to pay their debts when they are due and payable, they are legally insolvent. If a person cannot raise …
Substituted Service of a Creditor’s Petition
Substituted Service of a Creditor's Petition is an application for an order that a respondent debtor who does not want to be served personally, can be served another way. A creditor’s petition is an originating process and as such is required to …
What are Voidable Transactions in Bankruptcy?
Voidable transactions in bankruptcy are transactions made before the bankruptcy which can be recovered by the bankruptcy trustee. If the bankrupt transferred assets, which the bankruptcy trustee judges to be property that would have formed part of …
What is the Cost of Insolvency
Cost of insolvency can be a deciding factor when thinking about enforcing a judgment or court order. Updated for 2019-2020 financial year The filing fee for bankruptcy is $3,805.00 (corporate) or $1,585.00 (personal) with short form amount of …
Advancement and Cummins (A Bankrupt) v Cummins
The Advancement presumption is the idea that where a person voluntarily transfers property into the name of another, the law presumes that it was meant as a gift, and that the transferor retains no interest in the property. This can be seen …
Bankruptcy – What is it?
Bankruptcy happens when a person is unable to pay their debts when they become due and payable, and a trustee is appointed to administer the debtor’s insolvent estate. You are considered insolvent if you can't pay your debts when they’re due. A …
