Winding up a Company that owes you Money
Are you thinking about winding up a company that owes you money? If the debtor company is unable to pay its debts when they are due it is likely insolvent. Are you enforcing a judgment debt against a company? Do you have an unsatisfied creditor’s statutory demand for payment of debt? If so, then this […]
Debt Recovery Lawyer
A debt recovery lawyer is a legal practitioner who specialises in the recovery of debts and debt recovery law. With its main office on the Sunshine Coast in Queensland, Stonegate Legal can recover business debt, personal debt, corporate debt, or any debt. Debt recovery solicitors are very different to debt collectors and work very differently. […]
Winding Up Applications
Winding up company in insolvency may be the only option available to you, either as: an enforcing creditor; or a defaulting debtor. When you wind up a company’s financial matters to facilitate an orderly dismantling of the company’s structure, this is called liquidation. During this Australian debt recovery process the assets of the company are distributed […]
What is the Cost of Insolvency
Cost of insolvency can be a deciding factor when thinking about enforcing a judgment or court order. Updated for 2024 – 2025 financial year The Cost of Bankruptcy The filing fee for bankruptcy is $4,585.00 (corporate applicant) or $1,910.00 (human applicant) with short form amount of $3,125.00 allowable to be claimed, or if the petition […]
Enforcing A Judgment
Enforcing a judgment, money order, or a registered adjudication or QCAT decision is complicated and expensive if not done correctly. Stonegate Legal’s debt enforcement lawyers can help you through the complicated process of enforcing a judgment, money order, or an adjudication or QCAT decision over the property of the judgment debtor. Your options for enforcing […]
Commence Proceedings on a Person or Company
Do you need to commence proceedings in Court or Tribunal? There are three (3) main options to commence proceedings against a defendant: Commence proceedings in the Queensland Civil Administrative Tribunal (“QCAT”); and Commence Proceedings in the Court with jurisdiction for civil litigation or commercial litigation; or Serve a statutory demand. The purpose of commencing proceedings […]
Rebutting the Presumption 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 […]
Setting Aside a Default Judgment in Queensland
Setting Aside a Default Judgment in Queensland If a default judgment has been entered against you, then you must act quickly and seek an order from the Court that the default judgment be set aside. If you do not set aside the default judgment, then the plaintiff/creditor can obtain an enforcement warrant from the Court, […]
Debt Recovery Lawyers
Debt Recovery Lawyers Our debt recovery lawyers are adept in business-related and debt-related disputes, enforcement of money orders, and insolvency. We diligently strive to recover your outstanding debts. Book A Consultation Speak To Our Trusted Lawyers Today DEBT RECOVERY LAWYERS IN QUEENSLAND Why Choose Stonegate Legal To Recover Your Debts? Stonegate Legal are an experienced […]
About Stonegate Legal
Your Partner in Navigating Complex Litigation. Stonegate Legal is a dedicated commercial litigation law firm focussing on building and construction disputes, debt recovery/collection, corporations disputes, commercial lease disputes, defamation, libel & slander, issuing and defending statutory demands. We combine the latest technology and up-to-date software to give our clients a service like no other. Speak […]
Variations in Building Contracts (Queensland) – Complete Guide
Variations in Building Contracts Variations in Building Contracts can cause problems for builders and homeowners. Building or renovating a property is an exciting venture, but it rarely unfolds exactly as planned. Changes in design preferences, unexpected site conditions, or updated regulatory requirements can all lead to modifications in the original construction agreement. These changes, known […]
What are Fiduciary Duties in Australia?
What Are Fiduciary Duties in Australia? Fiduciary duties form a central pillar of equitable obligations in Australian law. These duties arise when one party is entrusted with power or discretion that affects the interests of another. The party holding that responsibility—referred to as the fiduciary—is expected to exercise its powers solely for the benefit of […]
Construction Lawyers – Why Do I Need One?
Construction Lawyers – Why Do I Need One? Construction lawyers are essential because navigating a construction project without legal guidance is like building on unstable ground—everything can come crashing down when you least expect it. From contract drafting to final payment, the construction process is a complex legal landscape where a single misstep can lead […]
Security for Costs Orders in Queensland
What is a Security for Costs Order? In civil/commercial litigation, a security for costs order is a protective legal mechanism that allows a defendant to request that the plaintiff provide a financial guarantee, usually in the form of a court-held payment, to cover the defendant’s potential legal costs if the plaintiff’s case fails. This ensures […]
Further Particulars Notice in Defamation
Further Particulars Notice & Particularisation of Concerns Notices A concerns notice is a mandatory written notice sent by an aggrieved person to a publisher before initiating defamation proceedings under section the State & Territories Defamation Acts 2005 (as amended). It must: Identify the defamatory matter (e.g., location such as webpage address). Set out the defamatory […]
