Do you need to collect debts or money owed to you? You can recover debts or money owed in the following ways: Negotiating with the debtor; Mediation or alternative dispute resolution; Filing a claim in the Court with jurisdiction; …
Winding Up Order – How to Wind up a Company
A winding up order is an order from the Court ordering that a company be wound up in insolvency. Section 459P of the Corporations Act 2001 (Cth) ("Corporations Act") says that a creditor can apply to the Court for a company to be wound up in …
Small Business Debt Collection – 27 Tips and FAQ
Small business debt collection is an unfortunate but vital part of running any small business in Queensland. If you offer goods and/or services on credit, then you will have experienced the stress and time constraints with attempting to recover …
How to Draft a Statutory Demand – Form 509H
Do you need to know how to draft a statutory demand - Form 509H? A statutory demand is a demand for payment pursuant to section 459E of the Corporations Act 2001 (Cth) ("the Corporations Act"). If you are a creditor of a debtor company, and the …
How to Improve your Debt Recovery Prospects
A debt recovery lawyer can offer advice and assistance with all commercial disputes and legal debt recovery, including how to improve your debt recovery prospects. Debt Recovery can be a time consuming but necessary part of running a business in …
Settling Litigation Early – Calderbank Offers
Calderbank Offers are genuine offers made by a party in litigation to settle a dispute. Calderbank offers are so called because of the case which gives them their name Calderbank v Calderbank [1975] 3 All ER 333. Parties to a dispute (debt …
Abuse of Process – Statutory Demand
When is a statutory demand an abuse of process? The Courts have said that an abuse of process includes: Conduct that is unconscionable; and/or Conduct which gives rise to substantial injustice; and/or When they are used for an improper …
How to Set Aside a Bankruptcy Notice
Do you need to set aside a bankruptcy notice? Non-compliance with a bankruptcy notice results in the debtor committing an “act of bankruptcy”. An act of bankruptcy is one of the prerequisites to presenting a creditor’s petition in the Federal …
How to Sue a Company in Queensland
Are you looking for information on how to sue a company? Do you want to know how to sue a company in Court or serve the debtor company with a statutory demand? One of the most common reasons to sue a company is because the company has not paid …
Setting Aside Statutory Demand – Complete Guide
If you are setting aside a statutory demand, you must use one of the following: A genuine dispute between the company and the respondent about the existence or amount of a debt to which the demand relates. The debtor company an offsetting …
Bankruptcy Lawyers 101 – Complete Guide
Bankruptcy lawyers, or personal insolvency lawyers, can help a number of different parties to a bankruptcy proceeding. If a party is not able to pay their debts when they are due and payable, they are legally insolvent. If a person cannot raise …
Commercial Debt Recovery
Commercial debt recovery is the recovery of debt between businesses, usually performed by commercial debt recovery solicitors. If you have ever run a business or company, you will understand the impact that non-paying clients have on your cash …
Substituted Service of a Creditor’s Petition
Substituted Service of a Creditor's Petition is an application for an order that a respondent debtor who does not want to be served personally, can be served another way. A creditor’s petition is an originating process and as such is required to …
Small Claims Lawyers
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 …
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 …
