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 …
Bankruptcy Annulment – Ending Your Bankruptcy Early
Bankruptcy annulment happens in one of three ways. The first way for bankruptcy annulment is to pay all of your debts. The second way for the annulment of the bankruptcy is to compromise the debts with a creditors’ agreement. The final way …
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Debt Recovery Lawyers – 10 Tips and Tricks
Debt recovery lawyers are legal professionals who focus on legally recovering debts and enforcement of money orders. Most businesses encounter bad debts or bad paying clients at some stage. Recovery of these debts can be frustrating if you do …
Part Payment of a Debt – The Rule in Pinnel’s Case
In debt recovery contract law, it is a general rule that an agreement that a debtor make a part payment of a debt will not satisfy the obligation to repay the entire debt. This is because there is no fresh consideration provided for the second …
Frustration of Contract & Force Majeure Clauses
Frustration of contract occurs in common law when, without fault of either party to a contract, an unforeseen event (or unforeseen events) makes it impossible for the contract to be performed (this could include COVID-19). Frustration of contract …
Debt Recovery Lawyers in Queensland
Debt recovery lawyers do a lot more than simply recover debts. A good debt recovery lawyer knows the legal system, and can use this to form a strategic plan, to reach a commercial solution with a positive outcome. Debt recovery solicitors will …
How to Avoid and Manage Building Disputes in Queensland
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 …
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Unpaid Wages and the Fair Entitlements Guarantee
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 …
How to Draft an Adjudication Response in Queensland
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 …
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Wage Theft – Underpayment of Wages
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 …
