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 […]
Rule 222 UCPR Explained: Documents Referred to in Pleadings
How to Obtain Documents Referred to in Pleadings in Queensland Rule 222 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) provides a specific procedure by which a party to civil proceedings may require another party to produce a document that has been mentioned in that party’s pleadings, particulars or affidavits. The rule provides: A […]
Disclosure of Evidence in Queensland
Disclosure of Evidence in Queensland: Duties, Documents and Consequences In Queensland civil proceedings, disclosure of evidence generally requires each party to identify and provide access to documents in its possession or control that are directly relevant to disputed allegations. This matters because contemporaneous emails, messages, contracts and financial records can confirm or undermine a pleaded […]
Commercial Lease Lockout: Can a Landlord Change the Locks?
Commercial Lease Lockout in Queensland A commercial landlord in Queensland may be able to lock a tenant out for unpaid rent, but only if the lease permits re-entry and any contractual and legal requirements have been properly followed. This is a critical issue because an unlawful commercial lease lockout can expose landlords to damages claims, […]
How to Settle a Commercial Dispute Without Going to Court
How to Settle a Commercial Dispute Without Going to Court Yes. Many commercial disputes can be settled without a final court hearing, and in appropriate cases doing so may produce the most effective commercial outcome. Court proceedings should usually be viewed as one option rather than the starting point, as early legal strategy often preserves […]
Undervalued Mortgagee Sale: Can You Sue the Bank?
Undervalued Mortgagee Sale: Can You Sue the Bank? An undervalued mortgagee sale can leave a borrower without their property, without expected equity, and still facing a substantial shortfall debt. Although a bank or other mortgagee may be entitled to sell secured property after the power of sale has arisen and become exercisable, the mortgagee must […]
Asset Protection and Bankruptcy in Australia
Asset Protection and Bankruptcy Asset protection is one of the most misunderstood aspects of Australian bankruptcy law. Many people assume that transferring assets to a spouse, moving property into a family trust, or restructuring ownership shortly before insolvency will automatically place assets beyond the reach of creditors. In reality, the Bankruptcy Act 1966 (Cth) gives […]
Personal Guarantees: What Assets Are At Risk?
Why Personal Guarantees Create Personal Risk If a business fails, a personal guarantee can allow a lender, landlord, supplier, or financier to pursue the guarantor’s personal assets even though the debt was originally incurred by a company. That is the most important risk business owners often overlook. Many directors correctly understand that a company is […]
How to Stop a Mortgagee Sale In Queensland
What Is a Mortgagee Sale A mortgagee sale occurs when a lender exercises its contractual and statutory right to sell secured property after a mortgage default. Borrowers who want to stop a mortgagee sale should understand that this power usually arises only after earlier enforcement steps have already occurred. The purpose of the sale is […]
Voidable Transactions and Director Risk What Can Be Reversed
What Are Voidable Transactions in Company Liquidation? A voidable transaction is a transaction entered by a company before liquidation that may later be reversed by a liquidator because it unfairly reduced the assets available to creditors. The issue matters because directors, related parties, suppliers, and creditors can all face recovery claims years after payments or […]
How to Renegotiate a Contract Safely After Signing
Can You Renegotiate a Contract After Signing? Yes. Parties can generally renegotiate a contract after it has been signed. However, renegotiation is not the same as legally changing the contract. A common misconception is that once discussions about new terms begin, the original agreement is effectively put on hold. In most cases, that is incorrect. […]
Can You Exit a Commercial Lease Early in Queensland?
Can You Exit a Commercial Lease Early To exit a commercial lease early in Queensland, a tenant usually needs more than financial hardship, business closure, or a desire to relocate. Commercial leases are generally binding for the full agreed term unless the lease itself allows early termination, the landlord agrees to an early exit, a […]
