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 …
Setting Aside a Default Decision in QCAT
Setting aside a default decision in QCAT is not as easy as you might think! The Court will need to be persuaded of some or all of the following: Whether the respondent has raised a defence on the merits; Whether or not there is a good …
Small Business Debt Recovery
Small business debt recovery can be a painful yet necessary part of running your small business or SME. If you have a small business or a medium enterprise then you will know how time consuming and frustrating business to business ("B2B") debt …
When is a Loan Repayable on Demand?
When is a loan repayable on demand? A loan is repayable on demand when: There is no time for repayment specified (and so the obligation to repay on demand is implied at law); or The parties actually express the obligation to repay on …
What are Voidable Transactions in Bankruptcy?
Voidable transactions in bankruptcy are transactions made before the bankruptcy which can be recovered by the bankruptcy trustee. If the bankrupt transferred assets, which the bankruptcy trustee judges to be property that would have formed part of …
