Commercial Litigation, Debt Recovery & Insolvency
Building disputes can arise in a number of different ways between a number of different parties. A building dispute can be between a building owner and a building contractor; between 2 or more building contractors; or homeowner, contractor and a …
How to Avoid and Manage Building Disputes in QueenslandRead More
The Fair Entitlements Guarantee (“FEG”) is a statutory safety net where the Australian Government will pay employee entitlements to eligible employees of a company that gets wound up in insolvency, or for people who have been made bankrupt. The …
If you want to know how to draft and serve an adjudication response, then this article will provide you with useful information. If you have been served with an adjudication application in Queensland, then you need to file and serve an …
How to Draft an Adjudication Response in QueenslandRead More
Wage theft is the non-payment of your legal entitlements by your employer, including award rates, penalty rates, wages, and overtime. If your employer has stolen your wages then you may have a claim in the Federal Court, Federal Circuit Court, the …
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 …
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 ($5,000.00), then the creditor can …
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 …
How to Make an Adjudication Application in QueenslandRead More
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 …
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 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 …
Unreasonable Director-Related Transactions and How to Defeat ThemRead More
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 …
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 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 …
Uncommercial Transactions Claims and how to Defeat ThemRead More
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 …
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 …
Subcontractors’ Charge – Construction Debt RecoveryRead More
