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 …
Enforcement Hearing & Statement of Financial Position
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) …
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Enforcement Warrant for Redirection of Earnings
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 …
Enforcement Warrant for Seizure and Sale of Property
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 …
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Recovering Outstanding Body Corporate Levies
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 …
How Long can a Debt be Chased in Australia?
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 …
Recovering Debts or Money Owed
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
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 …
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 …
