SOLID LEGAL ADVICE DIRECTLY FROM AN EXPERIENCED LAWYER

Do you need:

HELP TO NAVIGATE SAFE HARBOUR LAWS?
A REFERRAL TO A LIQUIDATOR
TO RESTRUCTURE YOUR BUSINESS
TO COLLECT A DEBT
TO NEGOTIATE A WINDING UP APPLICATION

The ATO

The Bank

A Supplier

A Customer

A Business Partner

The Landlord

Insolvency matters take many forms and are always urgent. Doing nothing is never the solution. Taking early expert advice to develop a strategy is the best way to deal with an insolvency problem.

Chat directly with our Legal Practice Director, Bruce Pasetti

Bruce has been winding up companies and preventing companies from being wound up for 20 years. Very few lawyers have been in as many winding up matters as Bruce. He is a workshop leader for the ARITA course that all budding liquidators must complete and is a regular on the speaking circuit.

Bruce’s expertise extends to commercial litigation, debt recovery, construction and all manner of commercial matters.

Building Time

Our Legal Practice Director presented to the Institute of Public Accountants this week on the Queensland Building and Construction industry. What do you talk to accountants about? dates and numbers, of course. Bruce explained the current legislation that applies and...

Houses and Bankruptcy

An all too often scenario sees a couple owning a house as joint tenants when bankruptcy confronts one of them. The law is that a bankrupt's share in the house vests with the trustee in bankruptcy. In basic terms the bankrupt's share in the house no longer belongs to...

What’s Happened to the Subcontractor Charge?

Relax. Subcontractors can still become secured creditors and protect their hard earned. The Subcontractor Charges Act can now be found in chapter 4 of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (“BIFA”). It is more or less the same process as...

4 Points about Interest

When someone wants to make a civil claim against someone the question of interest always arises. You cannot just pick your own rate of interest and add it to the claim. Essentially, you need a contract or law that gives you a reference point for claiming interest. 1....

Securing your money, Caveats, Postponing equities and Getting Paid

If you’re in the business of taking security against real property, you’ll be all too familiar with the process of registering mortgages or lodging caveats on the basis of a charging clause or an unregistered mortgage. You’ll probably also be aware that, all things...

RESPONDING TO A STATUTORY DEMAND- A MESSAGE WORTH REPEATING

Options: From the date you receive the statutory demand you have 21 days to respond to it by: a. Paying the debt; b. Reaching some resolution with the creditor; or c. Bringing an application to set aside the statutory demand. Preliminary steps: 1. You should firstly...

Settling your debts – formal arrangement or informal arrangement?

It’s commonplace in business to find yourself experiencing cash flow problems or dealing with debtors who are. Perhaps the tardiness of your debtors is preventing you from paying your own creditors on time? Whether you are the debtor or the creditor in scenario will...

Registered Offices- It is Your Responsibility

If you have a company you must also have a Registered Office. This is a physical address that is listed with ASIC that anyone who needs to serve documents on the company can rely upon. It cannot be a Post Office Box- which can immediately cause trouble for some. It is...

14 Indicators of Insolvency

The list comes straight out of ASIC v Plymin, Elliott & Harrison [2003] 21 ACLC 700 and has been quoted a further 29 times in subsequent cases and is the checklist that almost every liquidator goes off. 1. Continuing losses. 2. Liquidity ratios below 1. 3. Overdue...

How to Lodge a Caveat

Where there is a dispute over property a caveat can be lodged to restrict other parties from dealing with the property. It is essential that the party registering the caveat have a direct interest in the property. Equally, the grounds claimed for lodging a caveat...