How to Respond to a Letter of Demand in Queensland
How to Respond to a Letter of Demand How you respond to a letter of demand in Queensland often depends on whether the claim is legally enforceable, genuinely disputed, or part of a broader commercial or insolvency dispute. A letter of demand is commonly used when a person or business alleges an unpaid debt, a […]
When is a Loan Repayable on Demand?
Do you have 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 demand or request (I.e. It is an express term). Unless the […]
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Best Enforcement Method for a Queensland Money Order
How to choose the best enforcement method In relation to the best enforcement method, the question is not which warrant sounds strongest. It is which legal process can reach an identified source of value at a proportionate cost. A judgment against a company with no equipment but a substantial invoice about to be paid calls […]
Voluntary Administration in Australia
Voluntary Administration in Australia at a Glance In relation to voluntary administration, the following points answer the questions most readers ask first: Purpose: to provide an independent, time-limited assessment of whether the company or its business can be saved, or whether creditors would receive a better return than in an immediate winding up. Control: the […]
Sequestration Order and Bankruptcy Notices Explained
Sequestration Orders and Bankruptcy Notices at a Glance A sequestration order makes an individual bankrupt. An unpaid judgment does not, by itself, entitle a creditor to that sequestration order. The usual route is a bankruptcy notice based on one or more final judgments or orders totaling at least $10,000. If the notice is validly served […]
Small Business Restructuring in Australia
What Is Small Business Restructuring in Australia? The regime commenced on 1 January 2021. It is sometimes described as a “debtor-in-possession” process because, unlike voluntary administration, the directors continue to control the company’s business, property and affairs. The appointed small business restructuring practitioner is a registered liquidator, but does not displace the board or run […]
Charging Orders and Asset Seizure in Queensland
Charging Orders and Asset Seizure – The Short Answer Use seizure and sale when the debtor has identifiable, non-exempt property with enough net value to justify a forced sale. Consider a charging order when the debtor holds a qualifying investment asset and preserving it is more useful than attempting an immediate sale. Do not assume […]
Can a Landlord Terminate a Commercial Lease in Queensland?
When Can a Landlord Terminate a Commercial Lease in Queensland? A commercial landlord in Queensland can terminate a lease where a valid contractual or legal right to terminate has arisen, but a tenant’s breach does not automatically end the lease. The landlord must identify the relevant termination or re-entry right and comply with the applicable […]
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Our Team Meet The Team Behind Your Case Every matter at Stonegate Legal is handled by lawyers who specialise in litigation. Meet the team that will guide your case from first consult to resolution. Free 30 minute consultation. Confidential, no-obligation advice on your case. A Queensland Law Society member firm with a proven litigation track […]
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About Stonegate Legal A Litigation Firm Built On Plain Speaking And Real Results The right legal advice now protects your business, your finances, and your peace of mind. Stonegate Legal gives you direct access to an experienced litigation team, practical advice, and a clear plan, starting with a free 30 minute consultation. Free 30 minute […]
Debt Recovery Where No Assets Are Recoverable
Can You Recover a Debt If the Debtor Has No Assets? Yes. A debtor who appears to have no assets is not necessarily beyond the reach of debt recovery. While immediate enforcement may be difficult, future income, hidden assets, voidable transactions, or insolvency procedures can still produce payment. The biggest mistake creditors make is abandoning […]
Oppose a Summary Judgment Application: Step-by-Step Guide
How to Oppose a Summary Judgment Application in Queensland A plaintiff’s summary judgment application can be opposed successfully in Queensland where the material demonstrates a real prospect of successfully defending all or part of the claim, or otherwise shows that a trial is needed. You do not have to prove conclusively that you will ultimately […]
Enforcement of a Judgment in Queensland
Enforcement of a Judgment in Queensland If the debtor does not voluntarily pay, you may need to take further action to recover the money, including enforcement under the Uniform Civil Procedure Rules 1999 (Qld). Delaying enforcement can reduce your chances of recovery if assets are sold, hidden, or lost to insolvency. This article explains how […]
Summary Judgment in Debt Recovery Queensland
What Is Summary Judgment? Summary judgment in debt recovery can provide an earlier pathway to judgment where the debtor has no real prospect of successfully defending all or part of the claim, and there is no need for a trial of that claim or part. It is not available simply because money is owed. The […]
