Can you Still Serve a Bankruptcy Notice by Email?

Can you Still Serve a Bankruptcy Notice by Email - insolvency and litigation lawyers in Australia

Can you serve a bankruptcy notice by email? If a creditor has received a final judgment or final order the execution of which has not been stayed, and that judgment or order is more than the statutory minimum ($10,000.00), then the creditor can apply to the Australian Financial Security Authority for a bankruptcy notice. Once […]

How to Avoid and Manage Building Disputes in Queensland

Building Disputes lawyers in Queensland - Stonegate Legal

Building disputes can arise in a number of different ways between a number of different parties. A building dispute can be between a building owner and a building contractor; between 2 or more building contractors; or homeowner, contractor and a third party. Building disputes can arise from: Defective building work Delayed building work Unsigned & […]

Unpaid Wages and the Fair Entitlements Guarantee

Unpaid Wages and the Fair Entitlements Guarantee - Litigation lawyers in Queensland

The Fair Entitlements Guarantee (“FEG”) is a statutory safety net where the Australian Government will pay employee entitlements to eligible employees of a company that gets wound up in insolvency, or for people who have been made bankrupt. The Federal Government will pay: Up to 13 weeks of unpaid wages; Any unpaid annual leave and […]

Insolvency

Insolvency Lawyers Our team of skilled litigators offer professional guidance on personal and commercial insolvency and bankruptcy matters to clients in Queensland. No detail is left out in our expert advice. Book A Consultation Speak To Our Trusted Lawyers Today Helping You Navigate Financial Challenges Personal & Corporate Insolvency Protecting Your Interests and Preserving Your […]

What are Unfair Loans in Company Insolvency?

What are Unfair Loans in Company Insolvency - Litigation lawyers Australia

Unfair loans are only unfair if the interest on the loan, or charges in relation to the loan, were extortionate when the loan was made, or has since become extortionate. This determination is made considering the following: The risk to which the lender was exposed; and The value of any security in respect of the […]

When is a Company Insolvent?

Litigation lawyers in Australia.

When is a company insolvent? A company is insolvent if it is unable to pay its debts as and when they become due and payable. A company’s insolvency is calculated upon: The cash flow test; and then The balance sheet test. There is a difference between company insolvency and temporary illiquidity. In this article our […]

Free Case Evaluation

Free-debt-recovery-case-evaluation-lawyers-in-Queensland

Free Case Evaluation Add your details in the form and one of our commercial litigation, debt dispute, or insolvency lawyers will contact you and give you a free case evaluation and an estimate of the potential costs. Speak To Our Trusted Lawyers Today Find Us Level 10/ 95 North Quay,Brisbane City, QLD 4000 3/ 67 […]

Unpaid Rent Arrears in Queensland

Unpaid Rent Arrears in Queensland debtor tenant not paying rent debt collection

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 investors who own only one (1) investment property. Landlords and owners have bills to pay, […]

Settling Litigation Early – Calderbank Offers

Calderbank Offers - Settling Litigation Early – in legal disputes in Queensland.

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 dispute for example) are encouraged to compromise and settle their dispute rather than taking […]

Bankruptcy Lawyers 101 – Complete Guide

debt recovery sunshine coast

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 the money needed to pay those debts then they can be made bankrupt. […]

What is the Cost of Insolvency

Rebutting the Presumption of Insolvency Stonegate Legal litigation lawyers

Cost of insolvency can be a deciding factor when thinking about enforcing a judgment or court order. Updated for 2023 – 2024 financial year The filing fee for bankruptcy is $4,425.00 (corporate applicant) or $1,845.00 (human applicant) with short form amount of $2,990.00 allowable to be claimed. The filing fee for winding up in the […]

Rebutting the Presumption of Insolvency

what is the cost of insolvency

Rebutting the Presumption of Insolvency – If a company has failed to set aside a statutory demand within twenty one (21) days from the date the statutory demand was served on the company then the Corporations Act 2001 (“the Act”) allows for a presumption that the company is insolvent and the risk that the company could be […]