Call Us:
8197 0105

Commercial Dispute Resolution

When disputes arise in business you need to act quickly. Professional dispute resolution lawyers can help you move forward and refocus your business.

Commercial Dispute Resolution Articles

The top 5 things that you need to know as right now if you own a small business

27-March-2020By Jamal Bakalian

At Streeterlaw we understand that now, more than ever, making wise business choices is crucial for you. We also understand that in the current circumstances the running of your business may not exactly be “business as usual”. Accordingly, we take this opportunity to provide you with some important and helpful insights into how you can best keep your business afloat during the COVID19 pandemic. Streeterlaw has a well-equipped, professional and Specialist Accredited Solicitors who are ready and willing to help you during these...

What are your obligations as an employer amid the Coronavirus outbreak?

5-March-2020By Jamal Bakalian

With our Health Ministers preparing to gather to discuss how Australia will formulate its national response to what is being called the ‘global coronavirus pandemic’, Streeterlaw takes this opportunity to remind you of your obligations under the law around the health and safety of your staff. Section 19(1) of the Work Health and Safety Act 2011 No 10 (“WHS Act”) imposes a primary duty of care upon a person conducting a business or undertaking such that they must protect the health and safety of their workers. For the purposes...

When the dream holiday turns into a nightmare

3-March-2020By Jamal Bakalian

Holidays are meant to be a wonderfully refreshing break from work to set you up ready to return to back to work with energy and zeal. Sadly, this is not the reality for all… read on to find out your rights if your holiday was soured by a bad experience. Have you ever booked a hotel with something in mind only to find that when you arrive at your destination it is not at all what you had in mind nor is it what was promised to you? We know this situation all too well, and many of our clients have come to us not only disappointed by...

Why consumers should ALWAYS read the fine print…

30-January-2020By Jamal Bakalian

The Federal Court of Australia (“FCA”) recently dismissed a case against TPG Internet Pty Ltd that was brought by the Australian Competition and Consumer Commission (“ACCC”). The Court decided that TPG did not make false or misleading statements to consumers. The Facts In the case of ACCC v TPG Internet Pty Ltd [2019] FCA 1677 decided on the 11th of October 2019, the Federal Court had to consider whether a term that is marketed on TPG’s website for the plans they offer (for mobile phone, internet and home phone services) was...

Major legal changes for anyone considering buying an off-the-plan property

6-December-2019By Jamal Bakalian

Santa’s not the only thing coming to town this December… From 1 December 2019, major changes to conveyancing legislation[1] will affect all parties involved in the purchase of off-the-plan properties. Back in 2015 the Australian government introduced some safeguards to the buying and building of off-the-plan properties in response to concerns from the community about the protection of purchasers who were buying these properties. By November 2018, the government approved the Conveyancing Legislation (Amendment) Act 2019 to make way...

Alleviate those Director Nightmares with these Six Tips on Safeguarding your Business

4-June-2019By Mark Streeter

Insolvency Nightmares? Can’t Sleep? Alleviate those Director Nightmares with these Six Tips to Restoring your Sleep and safeguarding your Business 1. Schedule meaningful meetings with your accountant to plan performance Schedule regular meetings with your accountant to plan performance. Your accountant or accounts department are important assets in keeping your company afloat. Their role within the company involves identifying the cash flow implications of financial issues that they foresee or that the company is experiencing....

How To Save Money on Legal Professional Fees

By Mark Streeter

At Streeterlaw we understand that you are anxious about your dispute. Finding the right lawyer is the first obstacle. The second obstacle is understanding “how much will this cost?’. At Streeterlaw, we provide value driven legal professional services which are customised to suit the dispute. We want to make legal professional advice accessible and want you to understand what that involves. Here is how we do that and what you can do to save money on legal fees. 1. Know what you want to achieve and be open to options Explain what you...

Master the Art of dealing with Shareholder Disputes with these 7 Tips

By Jodie Rodrigues

Shareholder disputes can be difficult to resolve. The key to dealing with these disputes is prevention. If that’s too late, here are some tips that will also empower you to deal with shareholder disputes so that they do not drain your time, money and energy. Let us help you so that you can focus on building your business. 1. Prepare a Shareholders Agreement Avoid uncertainty, by creating certainty for shareholders by preparing and executing a Shareholder Agreement that governs the relationship and powers of shareholders. 2. Avoid...

Evade Failure by Learning from the 7 Biggest Mistakes Directors Make And Could have Avoided

By Mark Streeter

Businesses fail due to the inaction of its Directors or Management. Most of these Breach of Directors Duties, Corporation Act breaches and Corporate Governance disputes or mistakes are avoidable- most occur because Directors and officers of companies bury their head in the sand and choose to ignore the difficult decisions [or sometimes the easy decisions which they know they should be making]. Don’t fall into these common traps that in our experience result in disaster. Act now by incorporating these 7 lessons from 7 mistakes that we...

Commercial Dispute Resolution – Dispute Avoidance 101

23-May-2019By Mark Streeter

The journey starts with a frank and open conversation with one of our accredited specialists and experts in the commercial dispute resolution team who are here to empower you. This page is designed for directors and officers who aspire to run a well organised organisation, who are interested in being market leaders in best practice.  When you are sick or feel ill, you see a doctor, when you have a niggling pain, you see a physiotherapist. There is nothing wrong with seeing a legal expert or accredited specialist to get your company and...

One of the Most Important Building Defects Decisions of our Time

14-May-2019By Jamal Bakalian

The case of The Owners – Strata Plan No. 66375 v King [2018] NSWCA 170 (“the Kings Case”) handed down on 3 August 2018, has been described as one of the most important decisions concerning building defect litigation that New South Wales has seen in recent times. Streeterlaw has thoroughly read and considered the various issues raised by the landmark decision in the Kings case, and has broken down the most important parts of the case for your easy reading: Facts The case concerns defective building work that was undertaken when a...

How a Balanced Mediation May Tip the Scales in your Favour…

13-May-2019By Simone Green

Mediation is an alternate dispute resolution process that offers a non-litigated pathway to resolving disputes. Mediation attempts to reach mutually beneficial outcomes for those involved in a dispute (‘the parties’). Mediation is generally voluntary and undertaken prior to court proceedings but a matter may be referred to mediation by a Judge prior to a final Court hearing. The decision to engage in Mediation, is often made to avoid the substantial costs and time-consuming nature of ongoing litigation. The main advantages of Mediation...

Avoid catastrophe – 9 Key Tips to Resolving Company Disputes

1-May-2019By Mark Streeter

Company disputes are inevitable. Coming out on top and unscathed is a decision for you. Avoid disaster and mitigate risk in company disputes by contacting an Accredited Specialist or one of our Experts in Commercial Dispute Resolution to discuss the 9 Cs in Company Dispute Resolution. Let Streeterlaw help you get back on track, help you run your company effectively without unnecessary distractions, delay and stress. 1. Communicate Clearly Clearly communicate Company values, expectations, obligations and key performance indicators to...

Tips for resolving disputes after building a new home or buying off the plan (Part 2/2)

1-April-2019By Mark Streeter

Part 2 of 2 of the Expert Guide on Dispute Avoidance and Dispute Resolution in Building New Homes or Off the Plan purchases. See part 1, Tips for when building a new home or buying off the plan here: https://www.streeterlawfirm.com.au/tips-for-when-building-a-new-home-or-buying-off-the-plan-part-1/ Streeterlaw provides homeowners with an overview of the typical scenarios and types of potential disputes which want to avoid. This is not what I purchased?! Jan bought an apartment off the plan. Prior to signing the contract and paying the...

Investing with your partner: are equity and equality synonymous?

26-March-2019By Jodie Rodrigues

Typically, when investing in property together, couples aim for equality in the equity of an investment. The financial reality is that equal contributions are often difficult to maintain. What impact does inequality in investment have on your equity? It’s a common love story with a modern twist: boy and girl meet, boy and girl fall in love, boy and girl enter into a Deed to buy an investment property together and live together in domestic bliss. That was the story of Ms Zhang and Mr Metcalf until they separated around a decade...

Tips for when building a new home or buying off the plan (Part 1/2)

22-March-2019By Mark Streeter

Buyer Beware - Building a new home or buying off the plan is arguably the biggest financial investment in your life. It should be the most exciting time in your life, but if you are unprepared and do not understand the financial and legal steps involved – you may be biting off more than you can chew. This is Part 1 of 2 of the expert guides for buyers who are looking at buying non-established dwellings from our experienced Team of Accredited Specialists in Dispute Resolution and Commercial Litigation. Part 2 focuses on dispute resolution...

Fake News, Fake Reviews and Fake Users – three fakes don’t make a right

15-February-2019By Mark Streeter

What can you do when fake or negative reviews damage your business? Business owners are all to aware of the importance of not only establishing but maintaining a positive online presence. Negative (or even fake) reviews or posts have the potential to jeopardise critical opportunities for business owners to connect with new customers. The Streeterlaw Commercial Dispute Team take pride in utilising their experience in the Federal and Supreme Court to help their clients resolve defamation, and misleading and deceptive conduct cases. This...

Anton Piller orders – be careful to treat them with respect

8-February-2019By Simone Green

In early 2018 Streeterlaw was fascinsated to read the Family Court judgment published under the name of the pseudonym “Tassinari & Pesalaccio”[1]  which said that Anton Piller Orders previously issued were to be set aside and discharged “nunc pro tunc” (ie: from the beginning). The documents seized in the course of the search were to be returned to their owners and any copies destroyed. An Anton Piller Order (also known as a Search Order)  is rarely made because it allows the Applicant lawyers, together with an independent...

The Grinch Who Almost Stole Christmas

1-February-2019By Jamal Bakalian

It was an unusually cold, windy Summer’s day in the Northern Sydney suburb of Corrambi* The time was 3pm and the day was Thursday. Claire’s conveyancer, Evan* telephoned her and said: “Claire, we won’t be able to settle today – I’m very sorry.” Claire was taken by surprise. The sale of her home in Wongerton* just absolutely had to settle ASAP or else she would not have enough funds to complete the purchase of her new property in Lomo Bay*. “Why is the sale not going to settle today Evan? Please explain!” Claire was...

Strata Buyers Beware – Your Building may be on borrowed time

18-January-2019By Mark Streeter

Don’t assume statutory warranties will automatically result in recovering money for Building Defect rectification Public confidence in Strata Development in Australia, is on a slippery slope and at an all-time low. Streeterlaw warns Lot Owners, Strata Committees and Strata Managing Agents that recovering money for Building Defects is not at all straight forward as it requires strategic planning, complimented with an understanding of competing priorities as well as an understanding of dispute resolution options. A common Strata Horror...

How to claim outstanding debts in the Local Court

29-November-2017By Mark Streeter

Have you entered into a loan agreement that is not being fulfilled? Do you have invoices that remain unpaid by your clients? Have you paid for services you haven’t received? Do you own property that has not been returned? If you’ve answered yes to any of the above, you may wish to commence proceedings to recover your money in the Local Court of NSW. Commencing proceedings can be daunting, so it is helpful to understand what sort of matters you can commence in the Local Court, and what you can expect will occur in the proceedings. What...

Complete guide to innovation patents

23-November-2017By Jamal Bakalian

This year has seen many questions arise concerning innovation patents, and more specifically, what they are and how they are used. Here we provide all the answers. What are innovation patents? Innovation patents offer protection in the form of rights that are granted to an owner of a product, process or invention that prevents others from making use of, or selling the product, process or invention without the owner’s permission. What can I protect? Innovation Patents are often referred to as second tier patents. They are best suited...

Top tips to reduce legal costs and prevent contractual disputes

20-July-2017By Mark Streeter

Many businesses enter into commercial contracts every day in delivering their services and products. If managed correctly, contracts can be a great mechanism to detail the work to be undertaken, the role of each party and the agreed price. However, when there is a variation to a contract, which is often oral in nature rather than written, disputes can arise. This can result is significant legal fees being incurred by both parties as they attempt to resolve the issue. Below are our some helpful tips regarding what to include in a contract...

How to protect your intellectual property

28-May-2017By Jamal Bakalian

Engaging a lawyer to help you protect your Intellectual Property (IP) by registering a trade mark, (or acting for you in a dispute involving your trade mark) is an important step in the protection of your rights as a creator and owner of intellectual property. By failing to safeguard your creations, you are at risk of being copied and used by someone else for their financial gain! The legal processes necessary to protect IP rights can seem overwhelming, however, protecting your rights and livelihood in the competitive commercial marketplace...

Never ignore an Administrative Notice from a Trustee

By Mark Streeter

Business owners who have been involved in transactions, commercial deals or transfers with a person who may have recently become bankrupt need to know where they stand and how to respond to an Administrative Notice. What is the importance of an Administrative Notice? A Section 139ZQ Administrative Notice is a demand by the official receiver (Trustee) in relation to a money or property transaction which is void. The Administrative Notice sets out the facts and circumstances of the transaction and provides an amount of time for that to be...

How to increase your business productivity

7-May-2017By Mark Streeter

Would you like to increase your business productivity and decrease internal work disputes? Streeterlaw provides this overview of the employment dispute resolution process relating to small and medium-sized enterprises and explains what you need to do to increase your productivity. Increasing productivity and setting expectations All documents, policies, agreements, obligations and responsibilities must be clearly defined for each role. New employees need to understand from day one what their employer expects of them. This also applies to...

Bankruptcy notices – the last resort of enforcement

16-March-2017By Mark Streeter

Issuing a bankruptcy notice is often the last resort enforcement mechanism used by creditors to recover assets from a debtor. However, the knock-on effect can impact creditors and debtors alike. The issuing of a bankruptcy notice should not be taken lightly. Streeterlaw shares some useful tips for creditors seeking recovery (and a warning regarding issuing bankruptcy notices for the purposes of retribution only). Why issue a bankruptcy notice? The decision to issue a bankruptcy notice is often made when a debtor fails to pay a judgment...

Tips to reduce the risk of employment disputes

11-March-2017By Mark Streeter

Owners of small to medium-sized enterprises who wish to protect their businesses from internal work disputes with their employees must establish a process that creates clear and concise job descriptions and employee agreements. Employees with clearly defined Key Performance Indicators, regular direct reports, clear and concise employment agreements and internal work policies are less likely to become involved in work disputes as they have clear expectations and can remain focused on the job at hand. Unfortunately, Streeterlaw commonly...

How to avoid shareholder disputes

22-August-2016By Mark Streeter

Shareholder disputes can arise as a result of a deadlock between shareholders, an impasse in the decision-making process or even disagreements in relation to the management, disclosure or use of company funds. Failing to address these disputes or investigate those concerns at an early stage can lead to allegations of a breach of a director’s duties. Streeterlaw said the majority of shareholder disputes arise as a result of poor preparation and planning, which is usually indicated by the absence of any form of Shareholders’...

Corporate governance errors can be costly

By Mark Streeter

Corporate misgovernance can lead to shareholder disputes or breaches of directors duties. It can also result in costly litigation. Below we have provided some tips on how to prevent disputes arising in your company. It is not uncommon to see poor corporate governance leading to shareholder disputes and a breakdown of trust between two or more parties. Proactive corporate clients see the benefit of, and the investment in, proper corporate governance as a priority. Creating a transparent, professional and documented process reduces...

How to lend money to family or friends without losing either

8-January-2016By Mark Streeter

The old saying, “Neither a borrower, nor a lender be – for often you lose both the money and the friend”, is commonly very true for borrowers and lenders today. Loans to friends and relatives can be particularly fraught due to varying expectations by both parties. It is important that the terms of any loan are clear. Loans to friends and loved ones are often the hardest to recover. Their terms are expected to be flexible and calling in the loan through default is a difficult decision to make for lenders, who grapple with the...

Six tips to avoid partnership disputes

2-December-2015By Mark Streeter

Disputes are an inevitable part of doing business, particularly in a scenario where parties agree to work together in order to advance their own mutual interests. Streeterlaw provides six methods that will help you manage (and even avoid) Partnership Disputes. 1. The structure The honeymoon period of any business venture is an exciting time. Parties are often continuously thinking positively and calculating their projected profits. Structure is often one of the last words to be mentioned, unless the parties have obtained legal...

Complex matters can often be resolved by court annexed mediation

18-July-2015By Mark Streeter

Court annexed mediation, (rather than private mediation or a trial) can be used to successfully address and resolve a great variety of adversarial disputes, including complex matters. When two parties have intractable differences, with conflicting views about the facts and history of the matter and differing viewpoints about how the law might apply to those circumstances, it may be necessary to get a mediator or judge involved to facilitate a resolution. In the past, it was generally thought that a Registrar (appointed by the Court) was...

Treasurer partially vindicated in defamation case

By Mark Streeter

The recent defamation case of Hockey v Fairfax Media, handed down by Justice White in the Federal Court on 30 June, has implications for a number of Streeterlaw’s corporate clients, particularly those who are subject to frequent media and social media attention. In light of the decision, many high profile corporate identities would be reflecting on their own personal and corporate profile and perhaps taking a closer look at any social media activity that may misrepresent them. Interestingly, Mr Hockey received $200,000 for damage to...

Verbal contracts are open to dispute

21-March-2015By Mark Streeter

While verbal contracts can be enforceable, there is always potential for a dispute to arise over what was agreed and what the terms of the agreement were. A recent high profile decision in the NSW Court of Appeal has confirmed a trial judge’s decision that for oral agreements to be enforceable there must be an intention to create legal relations. Verbal contracts are hard to enforce at the best of times. And in this case, concerning the estate of the late businessman Mr Richard Pratt and his alleged former escort and mistress, Ms...

Are your terms of trade worth the paper they are written on?

19-March-2015By Mark Streeter

The following article provides our clients with a common example of what can happen in the post PPSA era and provides some fundamental tips for small- to mid-sized business owners to ensure their secured debts can be recovered. A common example of what can happen if you don’t register your security interests Mr Smith is a small business owner who, through his company Creditor Pty Ltd (Creditor), provides goods and services to a company called Debtor Pty Ltd (Debtor) – a retail company. Creditor and Debtor have signed terms and...

What is the best and cheapest way to resolve commercial disputes outside of court?

By Mark Streeter

How to use Alternative Dispute Resolution (ADR) to resolve commercial disputes The “best” way of resolving a dispute changes and certainly depends on the context, the type of dispute, its complexity and the competing interests of the parties. In commercial settings, the “best” way almost certainly involves a strong consideration of the most cost-effective way of resolving a dispute. In some circumstances, the nature of the dispute (eg. fraud) requires a more heavy-handed approach, especially when it involves the preservation of...

Streeterlaw instigates urgent freezing order to recover client’s money

18-March-2015By Mark Streeter

When we were first retained by our clients, they were small business owners, who had spent two years in legal proceedings attempting to recover money from the defendant who had failed to rectify a number of building defects and non-performance under a Contract for the Sale of Land (between the defendant vendor and our client as purchasers). While the defendant was halfway through a bankruptcy process, our client discovered that the defendant had put his property up for sale. Our client was obviously concerned that the assets (and...

Posting sexually explicit images on social media can be costly

19-February-2015By Mark Streeter

A man who posted sexually explicit images and videos of his ex-girlfriend on Facebook has been forced to pay her almost $50,000 for the distress and embarrassment caused. The case, heard in the ‘Supreme Court of Western Australia in December 2014, is a major ruling in privacy law and the first of its kind in more than six years where compensation has been awarded for a breach of confidence that lead to emotional distress. Ms Caroline Wilson ended her relationship with former work colleague Mr Neil Ferguson soon after allegedly...

New privacy principles impact small business

6-December-2014By Mark Streeter

“Privacy is not something that I'm merely entitled to, it's an absolute prerequisite.” – Marlon Brando In 2013, 13 Australian Privacy Principles (APPs) were enacted through the Privacy Amendment (Enhancing Privacy protection) Act 2012. These APPs apply to corporations and also businesses turning over less than $3 million annually. The Act ensures individuals are provided adequate notice of the collection, use and disclosure of their personal information by government, private enterprise, credit reporting bodies and, particularly,...

Family property dispute signals need for living arrangements to be in writing

14-August-2014By Mark Streeter

A case involving a farmer and his daughter and son-in-law (Milling v Hardie [26 May 2014] NSWCA 163) is a reminder of the need to put property living arrangements, even between family members, in writing. Mr Milling is a farmer who lives in one of several rural properties he owns in central west NSW. In 1992, Mr Milling invited his daughter Mrs Hardie and her husband to move into a homestead on one of the nearby properties. Over the following years, the Hardies carried out various improvements to the homestead and its grounds. They...

Landlords entitled to disclaim leases in insolvency cases

5-May-2014By Mark Streeter

In December 2013, the High Court confirmed that a liquidator of a corporate landlord may disclaim a lease that the company had granted to a tenant, leaving the tenant to prove they have suffered loss in the winding up. Broadly speaking, it is common for the liquidator of an insolvent lesee to repudiate the lessee’s tenancy obligations. It is now clear that a corporate landlord may similarly avoid unfavourable leases to which it is committed, simply by renouncing those leases in liquidation. Streeterlaw explained the implications of the...

Keep your tweets sweet

10-September-2013By Mark Streeter

Business owners should ensure they are aware of the risks associated with using social media and engaging with consumers or potential clients in this way before they start tweeting and posting online. In the eyes of the law, social media is treated no differently to any other communications channel and without strict protocols in place, it can be easy for businesses to breach misleading and deceptive conduct laws. The Advertising Standards Board has deemed official Facebook pages and other official social media accounts to be...

Illegally taped conversation can be used in evidence

28-June-2013By Mark Streeter

As most people may be aware, taped conversations are generally not permitted into evidence if the person was not aware that they were being recorded. However, a recent case has shown that taped conversations, where the person has given permission to be recorded, can be admissible in court proceedings. In the recent case of Badger & Ors [2013] FMCAfam 124 (14 February 2013), the Court had to determine whether it should allow into evidence the transcript of a taped telephone conversation that took place between two of the parties in the...

Company creditor managers wrestle with PPS Register

7-May-2013By Mark Streeter

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 a year ago has caused some confusion in the business world, with many companies uncertain about whether their credit is secured. One of the major issues when companies enter external administration is determining the priority rights attached to assets held by the company. Under Pre-PPS...

Watch out for insolvent debtors

29-April-2013By Mark Streeter

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 stage. It can be difficult to find out if a company is insolvent. There is no single factor that demonstrates insolvency. You need to consider the whole of the debtor’s financial position and all of the circumstances involved in the transaction. ASIC (The Australian Securities &...

Debt recovery: What is a Writ of Execution?

9-March-2013By Mark Streeter

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 (usually the home address for an individual or the principal place of business for a company) and take items belonging to the debtor, to be sold at public auction for the benefit of the creditor. The Sheriff has the power to seize a wide range of goods, including furniture, motor vehicles, boats, household appliances,...

Debt recovery: the steps to winding up a corporation

By Mark Streeter

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 the statutory minimum debt is only $2,000 (s459E Corporations Act). The process of corporate insolvency, where a judgment debt exists, is usually by the issue and service of a Statutory Demand for payment. It will set out details of the judgment including the amount, additional interest,...

What is an Examination Notice?

7-March-2013By Jodie Rodrigues

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 liabilities, income and expenditure. An Examination Notice is served on a judgment debtor. It asks the debtor to provide answers to specific questions and to forward certain documents to the creditor. The debtor has 28 days to respond with answers and supply the requested documents. You may...

Debt recovery: What is a Garnishee Order?

6-March-2013By Jodie Rodrigues

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 recover funds held in the debtor’s account. This is why it is important to obtain bank account details of the debtor on any Credit Application, and also to keep copies of payments made by the customer by cheque. Another form of Garnishee Order is the wage garnishee, which can be served on the...

What are Instalment Orders?

By Jodie Rodrigues

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 defendant 28 days after service of the document to pay the debt, come to an arrangement with the plaintiff for payment of the debt by way of instalments, or file a defence to the claim.     Instalment orders ­– Stay of...

Debt recovery: First steps to get your money back

4-March-2013By Jodie Rodrigues

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 due and payable and may provide you with the opportunity to negotiate an informal payment scheme. Your legal representative will also find out whether there is going to be any dispute regarding the amount owed or the existence of the debt.   2. Court process If you do not receive...

How to avoid fines for “exclusive dealing”

21-November-2012By Mark Streeter

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 Law. Non-compliance with the Competition and Consumer Act (2010) can attract significant penalties, so it’s important businesses know whether or not they are conducting “exclusive dealing” or “third line forcing”. Discovering if a business is involved in exclusive dealing or third line...

Secure your stock or risk losing money owed to you

12-November-2012By Mark Streeter

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 review all the security documentation that accompanies the PPSR and have not registered their interests, which could result in those companies forfeiting money that is owed to them. Since the commencement of the PPSR, suppliers, manufacturers, financiers and entities requiring a charge over...

ASIC sues North Sydney Solicitor for Phoenix companies

30-November-2010By Mark Streeter

The Australian Securities and Investments Commission (ASIC) has found a North Sydney Solicitor guilty of advising eight of his clients engage in activity which breached the Corporations Act. This significant case sends a warning to all business advisors. These two judgments of Acting Justice Windeyer are very important decisions of the Court in considering Section 79 of the Corporations Act 2001 (CTH). The Facts - ASIC v Somerville & Ors (No 2) [2009] NSWSC 998 & ASIC v Somerville & Ors [2009] NSWSC 934 The First Defendant was a...

David beats Goliath using a recorded phone call

By Mark Streeter

Macquarie Bank's recorded phone calls used as evidence against them What would you do if faced with a call on a margin loan of $160,000 from Macquarie Bank and given three working days to pay it? Over the past 12 months this has became a common situation in Australia, and around the world. Last year one investor’s offer to meet the Bank’s call didn’t go exactly as planned and the Bank sold his shares at a substantial loss. However the Federal Court agreed that the investor’s efforts were sufficient to meet the Bank’s call. They...

Restraint of trade – how far can it stretch ?

By Mark Streeter

Solicitor resigns and fights against signed employment agreement In recent years the pros and cons of employment contracts have been hotly debated. When a solicitor in a country town resigned from his firm to work for another he was accused of being in breach of his employment contract. It was up to the Supreme Court of New South Wales to decide what “restraint of trade” in employment agreements could apply to the solicitor and what was unreasonable. Explanation of restraint of trade A common term of an employment contract, or contract...

Motorola dealer causes loss of goodwill in business

By Mark Streeter

Breach of employment contract turns into an expensive lesson for employee When you hire someone to do a job it is natural to expect the employee to do their job and to be loyal to their employer and not help a direct competitor. Failure to do this proved to be an expensive error on the part of the employee. The Facts of Dinte v. Hales & Anor [2009] QSC 63 (25 March 2009) Dinte, the plaintiff in this action, hired Hales and Campbell to provide services to his business trading as Skycomm.  Hales held the position of “Service...

Streeterlaw addesses case of website copyright infringement

By Mark Streeter

The situation – theft of intellectual property An Australian company had an extremely well developed website. Hundreds of hours had gone into its development in optimising design and content to inform and direct new business. A competitor was accused of “cutting and pasting” significant portions of text from the company website onto their own website. The solution Streeterlaw wrote a letter of demand requesting the removal of the infringing text from the website. Only part of the text was removed in response to the letter of...

Can legal fees be recouped when chasing outstanding strata levies?

29-November-2010By Mark Streeter

Can a strata Body Corporate recover all of the legal costs it incurs when chasing outstanding strata levies? It is quite common for civil legal action to leave successful plaintiffs out-of-pocket in respect to their legal expenses, even if they obtain an order for the defendant to pay their legal costs.  An order for costs does not ordinarily cover the full cost of providing the legal service to the plaintiff in the proceedings.  The usual costs order is on a “party/party” basis, which translates into approximately 60-70 per cent of...

Businesses paying debts more quickly since GFC

By Mark Streeter

An interesting article in The Sydney Morning Herald in October 2009 commented on the statistics from Dun & Bradstreet's trade payments analysis.  The article, Business pay up more quickly, said the analysis showed a fall in the payment terms for Australian businesses in the third quarter or 2009. This means companies are paying their bills sooner than they were previously. Surely businesses have learned lessons from the global financial crisis and taken a more serious look at their engagements with their customers. Even if they...

ANU versus AON case reduces lawyers making admendments

By Mark Streeter

Case forces unprofessional lawyers to lift their game In a decision on 5 August 2009 the High Court significantly revised the guiding principles relating to case management of proceedings brought before the Courts in Australia.  The decision overruled the previous authority of Queensland v J L Holdings Pty Ltd [1997] HCA 1 The Situation Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 (5 August 2009) This case reached the High Court from a dispute between the Australian National University (ANU) against...

18-month-old overdue debt paid in 2 days

By Mark Streeter

It pays to act on overdue accounts Every business needs to manage their cashflow. Overdue accounts can make this hard. This case study demonstrates how bringing in Streeterlaw Sydney Lawyers speeded up the process dramatically. The Pain Aged debt in excess of 18 months owed to a corporation. Debt amount $10,000 The Debt Recovery Solution Step 1 Rather than simply writing a letter to the last known address the Streeterlaw legal team went to work. A series of telephone calls and searches enabled the legal team to identify the...

Property developer ends up in Court

By Mark Streeter

Two court cases follow breakdown of a business relationship The first court decision over who was responsible and who was to pay costs was overwritten by the second court decision. Facts behind BATTERHAM v MAKEIG [2010] NSWCA86 (22 April 2010) Makeig, a property development consultant, entered into an agreement with Mr Batterham to provide project management and consultancy advice to assist with rezoning of real estate in the village of Kitchener near Cessnock.  The intention was to prepare the land for development and sell it on to a...

Implied terms of contract important when recovering debts

By Mark Streeter

Recovering debts depends on the contract - whether written or verbal In a decision by Justice Barrett on 31 August 2010 in the Supreme Court of New South Wales, the Court gave a helpful re-statement of the law relating to the “normal conditions” pertaining to the implication of terms. (Nash v Stewart [2010] NSWSC 947). Justice Barrett quoted with authority, the case of BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 as setting out the test where a contract in writing is apparently complete.   For a term to...

When is a contract binding?

By Mark Streeter

    High Court asked to rule if a contract existed and was binding Masters versus Cameron [1954] HCA 72 is a classic legal case that is still the leading authority on whether there is a binding contract or not. Even though this law case is over 50 years old the legal precedent it set is still used in Australian court cases today. The facts This legal dispute arose in respect of a sale of land from the plaintiff (in the original trial) to the defendant. On 6 December 1951 Mr & Mrs Masters (the defendants and proposed...

What to do when a client appoints an Administrator

By Mark Streeter

Don't panic if your debtor appoints an Administrator Have you ever been ‘surprised’ to receive a letter regarding one of your clients who owe you money advising that an Insolvency Practitioner has been appointed an Administrator of the company? This notice may have you scurrying for a copy of the original credit application to check to see if you obtained a director’s personal guarantee. However be careful about rushing off to commence proceedings for enforcement of the debt while the company is in Administration. Section 440D of...

Related Recent Posts

Family Law Articles

Commercial Litigation Articles

Streeterlaw

top
Ask a Question 1 Ask a Question1
Newsletter Sign-up Newsletter Sign-up
Contact Us Contact Us
 
top
Ask a Question Ask a Question
Newsletter Sign-up Newsletter Sign-up
Contact Us Contact Us