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 …
Statutory Demand Law
Statutory Demand – Complete Guide
NOTE - The details in this article may not be correct because of the amendments contained in the Coronavirus Economic Response Package Omnibus Act 2020. Please call us for a free COVID-19 consultation on 1300 545 133. A statutory demand is a …
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; …
Winding Up Order – How to Wind up a Company
A winding up order is an order from the Court ordering that a company be wound up in insolvency. Section 459P of the Corporations Act 2001 (Cth) ("Corporations Act") says that a creditor can apply to the Court for a company to be wound up in …
How to Draft a Statutory Demand – Form 509H
Do you need to know how to draft a statutory demand - Form 509H? A statutory demand is a demand for payment pursuant to section 459E of the Corporations Act 2001 (Cth) ("the Corporations Act"). If you are a creditor of a debtor company, and the …
Abuse of Process – Statutory Demand
When is a statutory demand an abuse of process? The Courts have said that an abuse of process includes: Conduct that is unconscionable; and/or Conduct which gives rise to substantial injustice; and/or When they are used for an improper …
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 …
Setting Aside Statutory Demand – Complete Guide
If you are setting aside a statutory demand, you must use one of the following: A genuine dispute between the company and the respondent about the existence or amount of a debt to which the demand relates. The debtor company an offsetting …
Client not Paying Invoice? How to Recover the Debt
Do you have a client not paying invoice or invoices? If a customer refuses to pay an invoice or invoices, this could be a sign that they are not solvent. If this is the case then it is important that you act quickly to recover the debt from …
Winding up a Company that owes you Money
Are you thinking about winding up a company that owes you money? If the debtor company is unable to pay its debts when they are due it is likely insolvent. Are you enforcing a judgment debt against a company? Do you have an unsatisfied …
