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 […]
Breach of Directors Duties in Australia
A breach of directors duties can have very serious consequences. If you are the director of a company in Australia that is just starting off and are looking for some information about your duties, or you are an existing director with years of experience that just needs a little refresh, this this article will help. […]
Builder Gone Bust in Queensland? – Everything You Need to Know!
Has you builder gone bust in Queensland? The term “gone bust” refers to liquidation if your builder is a company (XYZ Pty Ltd, for example); or bankruptcy if your builder is a natural person (B. Builder sole trader, for example). There are significant problems in the building and construction industry, including (allegedly): Increase in the […]
Price Increases in Fixed Price Building Contracts Qld
Price increases in fixed fee building contracts are becoming a significant problem in building and construction law. We get asked almost every day “can my builder increase the price of a fixed-price building contract?” In most cases the answer is “no”. But there are a few exceptions, including: Rise and fall clauses; and/or Prime costs […]
ATO Garnishee Notice – #1 Complete Guide
A garnishee notice is a notice issued by the Australian Taxation Office (“the ATO”) to a third-party of a tax debtor, directing any monies held on behalf of the tax debtor be transferred to them. ATO garnishee notices can very often be embarrassing to the taxpayer and can sometimes damage the business as it can […]
Director Penalty Notice – #1 Complete Guide for Directors
A director penalty notice is a notice from the Australian Taxation Office (“the ATO”) directed at a director (or directors) of a company making the director(s) personally liable for tax debts. The director penalty notice (“DPN”) is issued by the ATO when the company has failed, neglected, or refused to pay and/or report tax obligations, […]
Can you Still Serve a Bankruptcy Notice by Email?
Can you serve a bankruptcy notice by email? If a creditor has received a final judgment or final order the execution of which has not been stayed, and that judgment or order is more than the statutory minimum ($10,000.00), then the creditor can apply to the Australian Financial Security Authority for a bankruptcy notice. Once […]
Unfair Preference Claims and how to Defeat Them
Unfair preference claims are one of the types of voidable transactions in company insolvency and is outlined at section 588FA of the Corporations Act 2001 (CTH) (“the Corporations Act”). An unfair preference occurs when: There is a transaction between the company and an unsecured creditor; and The transaction occurred while the company was insolvent; and […]
How Long can a Debt be Chased in Australia?
Have you ever wondered how long can a debt be chased in Australia? In most states (except NT) the limitation period for most debts is six (6) years. This is contingent on a number of different factors and so it is vital that you get the calculations correct. Failure to realise the limitation period could […]
