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 […]
Misleading Pricing Under Australian Consumer Law
Misleading Pricing in Australia: Legal Overview Misleading pricing under Australian Consumer Law is one of the most common compliance risks facing businesses that advertise prices, discounts, or service fees in Australia. Businesses often assume that compliance turns on whether a stated price is technically accurate. However, the Competition and Consumer Act 2010 focuses on whether […]
Misrepresentation in Commercial Contracts Under Australian Law
Misrepresentation in Commercial Contracts Misrepresentation in commercial contracts can expose businesses to significant legal and financial consequences when misleading statements, inaccurate disclosures, unrealistic forecasts, or false representations induce a party to enter into a transaction they otherwise might have avoided. Under Australian law, claims involving misrepresentation in commercial contracts commonly arise in business sales, franchise […]
Challenging a Mortgage Default Notice in Queensland
Mortgage Default Notice in Queensland A mortgage default notice is not just a warning — it is a legally required gateway to enforcement that must comply with the applicable statutory framework and the broader legal principles governing mortgage enforcement. In Queensland, borrowers may challenge a notice where it is unclear, incorrect, improperly served, or relied […]
Make Good Obligations in Commercial Leases
Make Good Obligations in Commercial Leases Make good obligations are primarily contractual but subject to statutory terms in Queensland There is no standard meaning — the lease wording is critical Reinstatement obligations can be extensive and costly Courts will enforce clear drafting, even where outcomes are commercially harsh Early planning and proper documentation significantly reduce […]
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 […]
