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 […]
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 […]
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Stonegate Legal Trusted Legal Representation for Litigation Matters At Stonegate Legal our lawyers assist, advise, and help people, businesses and companies with all civil and commercial litigation, debt disputes, and insolvency matters throughout Queensland. Straight-talking legal advice, no jargon, so you always know exactly where you stand A Queensland Law Society member firm with a […]
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Stonegate Legal Trusted Legal Representation for Litigation Matters At Stonegate Legal our lawyers assist, advise, and help people, businesses and companies with all civil and commercial litigation, debt disputes, and insolvency matters throughout Queensland. Straight-talking legal advice, no jargon, so you always know exactly where you stand A Queensland Law Society member firm with a […]
Default Judgment Where No Defence Has Been Filed
Can I Obtain Default Judgment if the Debtor Does Not File a Defence? Not every debt recovery proceeding in Queensland proceeds to a contested hearing or trial. Where a defendant has been properly served with a claim and fails to file a Notice of Intention to Defend and defence within the time required by the […]
How to Protect Personal Assets Before Business Failure
How to Protect Personal Assets Before Business Failure Many directors and business owners assume that operating through a company fully protects their personal assets from business debts. That assumption can prove costly when a personal guarantee has been signed. A personal guarantee may allow a creditor to pursue the guarantor personally if the business defaults […]
Can I Run a Business While Bankrupt?
Can I Run a Business While Bankrupt? Yes, you can generally run a business while bankrupt in Australia, but significant restrictions apply. Bankruptcy does not automatically prevent a person from earning income, operating as a sole trader, or continuing to work in their chosen industry. However, many business owners underestimate the legal consequences that accompany […]
Mortgage Sale Debt and Liability After Repossession
Can a Bank Sell Your House Without Going to Court? In Australia, a bank can often sell mortgaged property without obtaining a separate court order authorising the sale itself, provided the mortgage, legislation, and enforcement process permit the valid exercise of a power of sale. The more important issue in practice is usually not whether […]
Refusing to Pay an Invoice: When a Dispute Justifies Non-Payment
Refusing to Pay an Invoice in Queensland: Legal Overview In Queensland, a person is not automatically entitled to refuse to pay an invoice simply because they dispute it. The law does not recognise a general right to withhold payment based on dissatisfaction alone, and refusing to pay an invoice without a valid legal basis can […]
