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 […]
Injurious Falsehood -v- Defamation in Australia
What Is Injurious Falsehood? At common law, the tort of injurious falsehood arises where a false statement is published about or affecting a commercial business, that statement is published maliciously, and it causes the plaintiff’s business actual damage. As explained by the High Court, the essence of the action lies in protecting commercial or proprietary […]
Why ‘Alleged’ Isn’t Enough – Defamation Defence Myths
Why Writing “Alleged” Isn’t a Safe Harbour The use of the word “alleged” has long been misunderstood as a protective device in defamation law. Many publishers and individuals believe that by prefacing an accusation with “it is alleged”, they insulate themselves from liability. This assumption is incorrect. Courts consistently emphasise that liability turns on the […]
Default Judgments in Defamation (QLD)
What is a Default Judgment in Defamation? A default judgment in a defamation proceeding arises when a defendant fails to take the basic procedural steps required to contest the claim – failing to file either a notice of intention to defend or a defence within the time prescribed by the rules. When this occurs, the […]
Damages in Commercial Litigation in Qld
Damages in Commercial Litigation Damages in commercial litigation are a monetary award intended to compensate a party for loss or harm resulting from the wrongful conduct of another. Damages can arise in a wide range of disputes, including contract breaches, negligence claims, property disputes, and defamation cases. In Queensland, claimants must not only prove they […]
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 […]
How to Collect Statute Barred Debts
Are you a creditor or a financial controller looking at how to collect statute barred debts? If so, this may cause a lot of concern for you as a creditor, as dealing with statute-barred debt is a difficult situation to find yourself in and may prevent you from recovering the debt. In most states and […]
What is a Bankruptcy Notice?
A bankruptcy notice is the first document served on a human judgment debtor to commence bankruptcy proceedings against that debtor. Once served, the judgment debtor will have 21 days to: pay to the creditor the amount of the debt claimed; or make arrangements to the creditor’s satisfaction for settlement of the debt; or apply to […]
