Can you serve a bankruptcy notice by email? If a creditor has received a final judgment or final order the execution of which has not been stayed, and that judgment or order is more than the statutory minimum ($10,000.00), then the creditor can …
Who Owns the Copyright in a Tattoo?
Copyright in a tattoo is a little more complicated than regular copyright because the canvas is someone else’s skin. For copyright to apply to a tattoo it must be an original artwork; which has resulted from some skill and effort on behalf of the …
Defamation Claim and Mixed Martial Arts – Case Note
A defamation claim in McEwan v McDaniel [2020] QDC 321, is a case where the Court considered an application brought by Mr McEwan for alleged defamatory comments made by Mr McDaniel in a video, and then posted to Facebook. The statement of claim …
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Contesting A Will in Qld (Family Provision Claim)
Contesting a will, also known as making a family provision claim, is the process of seeking a further or better provision in a deceased person’s will. There are a number of factors to consider when making a family provision claim, such as: …
Statutory Demand – Complete Guide
A statutory demand is a written request for the payment of debts that are owed by an insolvent company, under section 459E of the Corporations Act 2001 (Cth). This complete guide to statutory demands is one of the most comprehensive free guides to …
Defending a Defamation Claim in Queensland
Defending a defamation claim relies on several legislative defences and other common law defences to defamation. Defamation is the publication of a false factual statement which harms the reputation of a person or small business. This statement …
How to get an Order for Sale at Best Price Obtainable
If an enforcement creditor has obtained an enforceable money order, and the enforcement debtor owns real property, then the Court can issue a warrant for seizure and sale of that real property. The enforcement officer (Bailiff) then arranges for …
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Debt Recovery Services in Queensland
Debt recovery services in Queensland can vary depending on a number of different factors. Debt recovery services can range from informal services, all the way through to formal Court or insolvency proceedings. Initially, before a creditor …
Litigation Lawyers Sunshine Coast
Do you need litigation lawyers on the Sunshine Coast who are experts in litigation and dispute resolution? Litigation lawyers on the Sunshine Coast provide advice and assistance with all Sunshine Coast litigation and dispute resolution …
Defamation in Queensland
Defamation is the publication of a false factual statement which harms the reputation of a person or small business. This statement is published with either negligence or malice. To bring a civil litigation action for defamation as a company, the …
Recovering Money Paid by Mistake
Recovering money paid by mistake is a claim in restitution for unjust enrichment because of mistake. If you have accidently made a payment to the wrong person – paid into the wrong bank account, overpaid an invoice, etc. then you may have a …
The Presumption of Insolvency for Unsatisfied Execution
The presumption of insolvency for unsatisfied execution is another way that a company can be presumed insolvent, or a person commits an act of bankruptcy. The most common way that a creditor can raise the presumption of insolvency against a …
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Nuisance and Trespass in Neighbour Disputes
Nuisance and trespass can be causes of action in civil litigation in relation to neighbour disputes. Neighbour disputes can be incredibly stressful and can impact your enjoyment of your property. If you have not found the relief you want …
30 Tips to Reduce Bad Business Debts
Bad business debts and lack of sufficient cash flow can cripple a business. As a business owner you should always be thinking about reducing bad business debts and getting those delinquent invoices paid. This is even more vital in times of …
Legal Action to Recover Debt by an Agent
Legal action to recover debt may be the only option left after trying to negotiate with a debtor. Sometimes, an agent will incur debts on behalf of a principal and debt recovery action will need to be commenced to recover that debt. Can an …
