Debt Recovery Law
Asset Protection and Bankruptcy in Australia
Asset Protection and Bankruptcy Asset protection is one of the most misunderstood aspects of Australian bankruptcy law. Many people assume that transferring assets to a
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Asset Protection and Bankruptcy Asset protection is one of the most misunderstood aspects of Australian bankruptcy law. Many people assume that transferring assets to a
Borrowers facing a mortgage default generally have two options before a lender completes enforcement: refinance the existing loan or voluntarily sell the property before a
What Is a Force Majeure Clause and How Does It Work in Australia? A force majeure clause is a contractual provision that may suspend, delay,
How to Protect Personal Assets Before Business Failure Many directors and business owners assume that operating through a company fully protects their personal assets from
What Is a Subpoena Under the UCPR? A subpoena is a court-issued document used in Queensland civil proceedings to require a person to produce documents
Why Personal Guarantees Create Personal Risk If a business fails, a personal guarantee can allow a lender, landlord, supplier, or financier to pursue the guarantor’s
What Is a Mortgagee Sale A mortgagee sale occurs when a lender exercises its contractual and statutory right to sell secured property after a mortgage
Can I Run a Business While Bankrupt? Yes, you can generally run a business while bankrupt in Australia, but significant restrictions apply. Bankruptcy does not
What Are Voidable Transactions in Company Liquidation? A voidable transaction is a transaction entered by a company before liquidation that may later be reversed by
Are Verbal Contracts Legally Enforceable? Yes. Verbal contracts are generally enforceable in Queensland, provided the essential elements of contract formation are present. Australian law does
Admissions Under the Uniform Civil Procedure Rules in Queensland Admissions under the Uniform Civil Procedure Rules 1999 (Qld) are formal or deemed concessions made in
Can You Renegotiate a Contract After Signing? Yes. Parties can generally renegotiate a contract after it has been signed. However, renegotiation is not the same
Why Work Messages Can Give Rise to Workplace Defamation Claims in Queensland Workplace defamation increasingly arises from informal digital communications such as WhatsApp, Signal, Slack,
What Counts as a Breach of Contract in Queensland? A breach of contract in Queensland can range from a relatively minor failure to comply with
Stop Repossession of Your Home by the Bank To stop repossession in Queensland, borrowers must understand that mortgage enforcement is not an instant process and
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