Aside from bankruptcy proceedings, which we discussed last month, there are other ways to enforce a court judgement to recover monies owed by a debtor (i.e. turning a paper judgement into actual recovery). A garnishee order is one such legal tool. Rather than relying on the debtor to pay, a garnishee order allows a creditor [...]
In recent months, we have discussed statutory demands from the perspective of a defendant. This month’s article considers the issue of debt enforcement and collection from a different angle: what should creditors be aware of when seeking to enforce a debt against an individual using bankruptcy proceedings? Initiating bankruptcy proceedings to recover a debt can [...]
A statutory demand is a serious legal notice. It is not a routine request for payment, and should not be ignored or procrastinated over. Companies failing to respond to a statutory demand within a fixed prescribed timeframe may face winding-up proceedings. A statutory demand is a formal demand for payment issued under section 459E of [...]
Wherever business is conducted, commercial disputes are inevitable. With many businesses operating globally, arbitration can occur in offshore jurisdictions – and this can be enforced in Australia. Last month’s blog examined the benefits of arbitration as an alternative dispute resolution tool, and the advantages it offers over more traditional mechanisms such as conciliation and mediation; [...]