Commercial Litigation, Debt Recovery & Insolvency
A subcontractors’ charge under the old Subcontractors’ Charges Act 1974 (Qld) has been repealed and replaced with Building Industry Fairness (Security of Payment) Act 2017 (Qld) (“BIFA”).The provisions of the repealed legislation have been …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
A payment claim process using the old BCIPA - Building & Construction Industry Payments Act 2004 (Qld) has been repealed and replaced with Building Industry Fairness (Security of Payment) Act 2017 (Qld) (“BIFA”).The provisions of the repealed …
An enforcement warrant for redirection of debts is an enforcement option pursuant to the Uniform Civil Procedure Rules 1999 (QLD) (“UCPR”).An enforcement warrant for redirection of debts is a way of enforcing a judgment, enforcing a registered …
Unpaid rent arrears in residential property can have a serious impact on landlords’ cash flow.The popular misconception is that landlords are all wealthy property tycoons – but this is simply not true.A vast majority of investors are small …
An enforcement hearing and statement of financial position are ways that provide the judgment creditor with the required information to request an enforcement warrant pursuant to Chapter 19 Part 2 of the Uniform Civil Procedure Rules 1999 (QLD) …
Enforcement Hearing & Statement of Financial PositionRead More
A warrant for redirection of earnings is an enforcement option pursuant to the Uniform Civil Procedure Rules 1999 (QLD) (“UCPR”).An enforcement warrant for redirection of earnings is a way of enforcing a judgment or enforcing a registered QCAT …
A warrant for seizure and sale of property is an enforcement option pursuant to the Uniform Civil Procedure Rules 1999 (QLD) (“UCPR”).A warrant for seizure and sale of property is a way of enforcing a judgment or enforcing a registered QCAT …
Enforcement Warrant for Seizure and Sale of PropertyRead More
Are you a body corporate with outstanding body corporate levies from a lot owner?A lot owner in a body corporate scheme is required to pay an agreed amount annually in owners’ contributions and levies.If lot owners do not pay these …
Have you ever wondered how long can a debt be chased in Australia?In most states (except NT) the limitation period for most debts is six (6) years.This is contingent on a number of different factors and so it is vital that you get the …
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; …
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 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 …
NOTE – The details in this article may not be correct because of the amendments contained in the Coronavirus Economic Response Package Omnibus Act 2020. Please call us for a free COVID-19 consultation on 1300 545 133.Do you need to know how to …
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 …
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 …
