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 [...]
If you’ve ever been involved in a legal dispute, you’ve probably seen the words “without prejudice” stamped across a document, letter or email. But what does it actually mean? In simple terms, “without prejudice” protects settlement discussions from being used against you in court. It creates a safe space for negotiation, so you can make [...]
Once a loan or obligations which involves a PPSR registration is repaid or the agreement has come to an end, the business or individual who has registered the PPSR registration has a statutory obligation to remove this registration (in addition to the contractual obligation). In most cases the secured party may have just forgotten, but [...]
When your company is served with court documents commencing a legal proceeding, your company will have to take certain steps within stipulated timelines. These are crucial steps, the failure of which will have swift negative consequences. These administrative steps include informing the Court that you are disputing the claim, and filing a statement setting out [...]
