Personal Guarantees in Commercial Leases: Risks for Directors
How personal guarantees in commercial leases work The first question in any dispute about personal guarantees in commercial leases is deceptively simple: who promised to
How personal guarantees in commercial leases work The first question in any dispute about personal guarantees in commercial leases is deceptively simple: who promised to
Understanding Rules 223–225 of the UCPR The starting point is the general duty of disclosure under rule 211. A party must disclose each document in
Clawback and bankruptcy do not draw a line under every transaction completed beforehand. A trustee can challenge particular payments and transfers under the Bankruptcy Act
What is a garnishee order? A garnishee order is familiar shorthand, but it is not the principal expression used in Queensland’s civil procedure rules. Under
Introduction to Preliminary Disclosure in Queensland Chapter 7, Part 1 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) gives the Queensland courts an express
When Can a Landlord Terminate a Commercial Lease in Queensland? A commercial landlord in Queensland can terminate a lease where a valid contractual or legal
How to Obtain Documents Referred to in Pleadings in Queensland Rule 222 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) provides a specific procedure
Can You Recover a Debt If the Debtor Has No Assets? Yes. A debtor who appears to have no assets is not necessarily beyond the
How to Oppose a Summary Judgment Application in Queensland A plaintiff’s summary judgment application can be opposed successfully in Queensland where the material demonstrates a
Using Statutory Demands to Recover Company Debts A statutory demand is often one of Australia’s most effective tools for recovering an undisputed company debt because
Enforcement of a Judgment in Queensland If the debtor does not voluntarily pay, you may need to take further action to recover the money, including
How Bankruptcy Affects Professional Licenses and Employment in Australia Bankruptcy and employment issues are often misunderstood because bankruptcy does not automatically stop most people from
What Is Summary Judgment? Summary judgment in debt recovery can provide an earlier pathway to judgment where the debtor has no real prospect of successfully
Disclosure of Evidence in Queensland: Duties, Documents and Consequences In Queensland civil proceedings, disclosure of evidence generally requires each party to identify and provide access
Should You Sue for Breach of Contract? It is not always commercially worthwhile to sue for breach of contract. The right decision depends on more
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