Category: Commercial Disputes

The Personal Property and Securities Act is causing many sleepless nights for credit managers wondering if they have acquired sufficient security in exchange for extending credit. The introduction of the Personal Properties Security Register more than...

If you suspect a company you are trading with may be insolvent, it is important you be wary of receiving any payments from that company. If a company is insolvent, any payment you receive could be reversed by the Liquidator as a "preference" at a later...

What is a Writ of Execution? The most common mode of enforcing the judgment debt against an individual judgment debtor or a company judgment debtor is to issue a Writ of Execution. This is a direction to the Sheriff or Bailiff to attend a given address...

Similar to bankruptcy proceedings against individuals, winding up proceedings are those brought against debtors that are companies. Winding up proceedings will generally only be brought against a company where the debt is in excess of $10,000, however...

Although this is not a method to enforce payment of a debt, an Examination Notice can be a useful tool if you know little or nothing about your debtor. It will allow you to obtain information about a debtor’s financial position, including assets and...

If someone else owes money to the debtor, you, as the creditor, can apply for a Garnishee Order from the Court that enables that debt to be paid to you rather than the Debtor. A Garnishee Order is most commonly served on a financial institution to...

Following your attempts to recover a debt, firstly through a Letter of Demand and subsequently after the debtor has been “served” the Statement of Claim papers, the court’s jurisdiction will come into play. The Statement of Claim gives the...

If you or your business needs to recover a debt, there are several steps to follow.   1. Letter of demand Firstly, you need your legal representative to send a letter of demand to the debtor. This puts the debtor on notice that the debt is...

If your company trades with another company and imposes a restriction on what, who and where they conduct their business, you may be involved in “exclusive dealing” and “third line forcing” – which contravenes Australian Consumer...

Leading commercial and insolvency lawyer Mark Streeter says many companies are uncertain about whether their credit is secured since the introduction of the Personal Properties Security Register on 30 January 2012. He says many companies have failed to...