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, […]
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 […]
Can a Director Be Personally Liable for Company Debts?
Can a Director Be Personally Liable for Company Debts? The analysis of whether a director can be personally liable for company debts in Australia must begin with the foundational principle that a company is a separate legal entity distinct from its directors and shareholders. This principle underpins the entire structure of corporate law and explains […]
Missed Mortgage Payments in QLD: What Happens Next?
Missed Mortgage Payments in Queensland Missed mortgage payments in Queensland do not give rise to immediate repossession or loss of property but instead trigger a structured legal and contractual process that unfolds over time. Repossession is governed by a combination of contractual rights, statutory protections, and well-established principles of mortgage law, which together determine when […]
Building and Construction Lawyers
Building and Construction Lawyers Building and construction disputes can quickly escalate — causing delays, cash flow pressure, and significant financial risk. Stonegate Legal acts for builders, contractors, developers, and property owners across Queensland, providing strategic legal advice, strong representation, and commercially focused outcomes to resolve disputes efficiently and protect your position. Free 30-minute consultation Your […]
Commercial Litigation Lawyers
Commercial Litigation Lawyers Commercial disputes can disrupt cash flow, strain business relationships, and expose you to significant financial risk. Stonegate Legal acts for businesses, directors, contractors, and individuals in commercial litigation matters across Queensland, delivering strategic advice, strong representation, and commercially Free 30-minute consultation Your details are 100% confidential. Commercial litigation disputes What Is Commercial […]
Subcontractor Payment Rights – Complete Guide
Subcontractor Payment Rights in Queensland Regarding subcontractors payment rights, payment disputes remain one of the most persistent and commercially damaging issues in the building and construction industry. Subcontractors often sit at the most vulnerable point in the contractual chain, required to perform work upfront while relying on upstream parties to pass payments down. Recognising this […]
Personal Costs Orders Against Solicitors in Australia
Personal Costs Orders Against Solicitors In Australian civil litigation, the general rule is that costs follow the event. The unsuccessful party will ordinarily be required to pay the successful party’s legal costs. This principle holds that a litigant who is forced to resort to the courts to vindicate their rights should not be financially disadvantaged […]
Are Builders Personally Liable in Queensland?
Are Builders Personally Liable in Queensland? When asking “Are Builders Personally Liable“, many Queensland builders operate through proprietary limited companies under the assumption that incorporation provides complete protection from personal liability. While corporate personality remains a fundamental principle of Australian company law, that protection is neither absolute nor impenetrable. In practice, builders may face significant […]
Default Interest Clauses – Complete Guide
Why Default Interest Clauses Attract Judicial Scrutiny Default interest clauses sit at the intersection of orthodox contract enforcement and the long-standing judicial concern to prevent contractual sanctions masquerading as compensation. Although interest is often described as the price paid for the use of money, an increase in interest triggered by default raises qualitatively different legal […]
Building Contract Reviews – Complete Guide
Building Contract Reviews in Queensland Building contract reviews are not about rewriting the deal or slowing down the project. They are about identifying legal and financial risks before they become locked in. A proper review examines how the contract operates in practice, not just how it reads on the page, by testing payment structures, variation […]
Can a Holding Company Be Liable for Its Subsidiary’s Debts?
Australian law begins from a firmly established premise: each company within a corporate group is a separate legal entity, and creditors of a subsidiary cannot, merely because of group membership or control, pursue the holding company for the subsidiary’s debts. The High Court articulated this principle with clarity in Walker v Wimborne [1976] HCA 7, […]
Pleadings and Particulars in Queensland – Complete Guide
The Function and Purpose of Pleadings and Particulars The function and purpose of pleadings under the UCPR is settled, strict, and foundational to the integrity of the adversarial process. Pleadings exist to define the real issues in dispute, give clear advance notice of the case to be met, and thereby secure procedural fairness by preventing […]
