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 …
Commercial Litigation
Commercial Litigation
Frustration of Contract & Force Majeure Clauses
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 …
Debt Recovery Lawyers in Queensland
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 …
How to Avoid and Manage Building Disputes in Queensland
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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How to Draft an Adjudication Response in Queensland
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
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 …
Legal Proceedings for Debt Recovery
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 …
Making a Payment Claim – BIFA (QLD)
A payment claim process using the old BCIPA - Building & Construction Industry Payments Act 2004 (Qld) has been repealed and replaced with Building Industry Fairness (Security of Payment) Act 2017 (Qld) (“BIFA”). The provisions of the repealed …
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 Outstanding Body Corporate Levies
Are you a body corporate with outstanding body corporate levies from a lot owner? A lot owner in a body corporate scheme is required to pay an agreed amount annually in owners’ contributions and levies. If lot owners do not pay these …
How Long can a Debt be Chased in Australia?
Have you ever wondered how long can a debt be chased in Australia? In most states (except NT) the limitation period is six (6) years. This is contingent on a number of different factors and so it is vital that you get the calculations …
Small Business Debt Collection – 27 Tips and FAQ
Small business debt collection is an unfortunate but vital part of running any small business in Queensland. If you offer goods and/or services on credit, then you will have experienced the stress and time constraints with attempting to recover …
How to Improve your Debt Recovery Prospects
A debt recovery lawyer can offer advice and assistance with all commercial disputes and legal debt recovery, including how to improve your debt recovery prospects. Debt Recovery can be a time consuming but necessary part of running a business in …
Settling Litigation Early – Calderbank Offers
Calderbank Offers are genuine offers made by a party in litigation to settle a dispute. Calderbank offers are so called because of the case which gives them their name Calderbank v Calderbank [1975] 3 All ER 333. Parties to a dispute (debt …
How to Sue a Company in Queensland
Are you looking for information on how to sue a company? Do you want to know how to sue a company in Court or serve the debtor company with a statutory demand? One of the most common reasons to sue a company is because the company has not paid …
