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 …
Stonegate Legal News
How to Make an Adjudication Application in Queensland
An adjudication application in the building and construction industry is a great way to quickly recover debts without the cost of commencing Court action. From service of the BIFA payment claim, an adjudicator can have a decision to the adjudication …
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Building and Construction Debt Recovery
Building and construction debt recovery solicitors are lawyers who recover debts in the building and construction industry. There are a number of ways building and construction debt recovery solicitors can recover building and construction debts …
What are Unfair Loans in Company Insolvency?
Unfair loans are only unfair if the interest on the loan, or charges in relation to the loan, were extortionate when the loan was made, or has since become extortionate. This determination is made considering the following: The risk to which …
Unreasonable Director-Related Transactions and How to Defeat Them
Unreasonable director-related transactions occur when: There is a transaction of a company; and The transaction is a payment, conveyance, transfer, disposition of property, the issue of securities, and/or the incurring of an obligation; and …
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When is a Company Insolvent?
A company is insolvent if it is unable to pay its debts as and when they become due and payable. A company’s insolvency is calculated upon: The cash flow test; and then The balance sheet test. There is a difference between company …
What are Insolvent Transactions?
Insolvent transactions are one of the elements the liquidator will need to prove if there is an unfair preference claim or an uncommercial transaction claim. The elements of insolvent transactions are: There must be a transaction of a …
Uncommercial Transactions Claims and how to Defeat Them
Uncommercial transactions claims are one of the types of voidable transactions in company insolvency and are outlined at section 588FB of the Corporations Act 2001 (CTH) (“the Corporations Act”). A transaction of a company is an uncommercial …
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Unfair Preference Claims and how to Defeat Them
Unfair preference claims are one of the types of voidable transactions in company insolvency and is outlined at section 588FA of the Corporations Act 2001 (CTH) (“the Corporations Act”). An unfair preference occurs when: There is a …
Subcontractors’ Charge – Construction Debt Recovery
A subcontractors’ charge under the old Subcontractors’ Charges Act 1974 (Qld) has been repealed and replaced with Building Industry Fairness (Security of Payment) Act 2017 (Qld) (“BIFA”). The provisions of the repealed legislation have been …
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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 …
Unpaid Rent Arrears in Queensland
Unpaid rent arrears in residential property can have a serious impact on landlords’ cash flow. The popular misconception is that landlords are all wealthy property tycoons – but this is simply not true. A vast majority of investors are small …
Enforcement Hearing & Statement of Financial Position
An enforcement hearing and statement of financial position are ways that provide the judgment creditor with the required information to request an enforcement warrant pursuant to Chapter 19 Part 2 of the Uniform Civil Procedure Rules 1999 (QLD) …
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Enforcement Warrant for Redirection of Earnings
A warrant for redirection of earnings is an enforcement option pursuant to the Uniform Civil Procedure Rules 1999 (QLD) (“UCPR”). An enforcement warrant for redirection of earnings is a way of enforcing a judgment or enforcing a registered QCAT …
