Commercial Litigation, Debt Recovery & Insolvency
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 …
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 …
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 …
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 …
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, 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 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 …
