NOTE We are small claims lawyers we are not the small claims court. In relation to the small claims court Qld, minor debt disputes are heard by the Queensland Civil and Administrative Tribunal (“QCAT") in Brisbane and in Local Magistrates …
Stonegate Legal News
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 …
Setting Aside a Default Decision in QCAT
Setting aside a default decision in QCAT is not as easy as you might think! The Court will need to be persuaded of some or all of the following: Whether the respondent has raised a defence on the merits; Whether or not there is a good …
Small Business Debt Recovery
Small business debt recovery can be a painful yet necessary part of running your small business or SME. If you have a small business or a medium enterprise then you will know how time consuming and frustrating business to business ("B2B") debt …
When is a Loan Repayable on Demand?
When is a loan repayable on demand? A loan is repayable on demand when: There is no time for repayment specified (and so the obligation to repay on demand is implied at law); or The parties actually express the obligation to repay on …
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 …
Debt Recovery Solicitors
Debt recovery solicitors are legal practitioners, admitted to practise law in their State, Territory, or jurisdiction, who focus on the recovery of debts and the enforcement of money orders. Stonegate Legal focus on debt recovery and insolvency …
Breach of Contract
Before reading about breach of contract it is vital that you read the following: Termination for breach of contract is very complicated and should not be done without seeking legal advice. Wrongful termination can itself be a breach or …
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 …
Debt Recovery Lawyer
A debt recovery lawyer is a legal practitioner who specialises in the recovery of debts and debt recovery law. Stonegate Legal can recover business debt, personal debt, corporate debt, or any debt. Debt recovery solicitors are very different to …
Evicting Commercial Tenant not Paying Rent
Thinking about evicting tenant not paying rent? It is a reasonably straightforward process, however the process must be followed or you could wind-up with some serious legal problems. The non payment of rent or rent arrears is a very common …
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 2021 - 2022 financial year The filing fee for bankruptcy is $3,935.00 (corporate) or $1,640.00 (personal) with short form amount of …
Commence Proceedings on a Person or Company
Do you need to commencement proceedings? There are three (3) main options to commence proceedings against a defendant: Commence proceedings in the Queensland Civil Administrative Tribunal (“QCAT”); and Commence Proceedings in the Court with …
Appealing a QCAT Decision
Are you appealing a QCAT decision in a litigation matter? This article will explain the steps involved with appealing a decision of the Queensland Civil and Administrative Tribunal (“QCAT”), including: Making an application to reopen a …
Liquidated Damages and Penalties
Liquidated damages are a fixed amount of money, established at the formation of the contract, usually due and payable upon breach, as a reasonable pre-estimate of costs and expenses incurred by the non-breaching party. However, these liquidated …
