Tag Archives: Debt recovery

The Examination Order

Posted by nucleoPosted on December 17, 2020 UncategorizedDebt recovery, Dispute Resolution, Litigation

Once Judgment has been obtained, one enforcement option a judgment creditor has at their disposal is to issue an examination notice/order on a judgment debtor.

What is a Quantum Meruit Claim?

Posted by nucleoPosted on June 5, 2020 UncategorizedDebt recovery, Dispute Resolution, Litigation

If you have completed work or obligations without an agreement or under a contract that is later deemed to be void, you may be able to recover money under the equitable doctrine of quantum meruit.

How to Set Aside a Statutory Demand

Posted by nucleoPosted on April 15, 2020 UncategorizedCorporate Insolvency, Debt recovery, Dispute Resolution, Litigation

If your company receives a statutory demand for payment of a debt, it is worth considering whether an application should be made for it to be set aside.

Effecting Personal Service & an Application for Substituted Service

Posted by nucleoPosted on March 19, 2020 UncategorizedDebt recovery, Dispute Resolution, Litigation

A pitfall often faced by legal representatives during the debt recovery legal process is the difficulty of effecting personal service on an individual with documents filed in court.

Appealing a Local Court Judgment – Ange v Contos [2020] NSWSC 64

Posted by nucleoPosted on March 11, 2020 UncategorizedDebt recovery, Dispute Resolution, Litigation

Gartree Thomson Lawyers (prior to its merge with Kerrs) successfully defended a claim against their client in the case of Ange v Contos [2020] NSWSC 64.

Why Issue a Writ for the Levy of Property

Posted by nucleoPosted on February 27, 2020 UncategorizedDebt recovery, Litigation

Once judgment has been obtained against a debtor, one enforcement option available to creditors is to issue a Writ for the Levy of Property.

What is a Garnishee Order?

Posted by nucleoPosted on February 19, 2020 UncategorizedDebt recovery, Litigation

If you are trying to enforce a judgment debt against an individual who has limited assets, but is employed and receives a wage or salary, you may apply for a Garnishee Order.

Interstate Service of Statement of Claim relating to a Credit Contract, Lease, Mortgage or Guarantee

Posted by nucleoPosted on December 9, 2019 UncategorizedDebt recovery, Dispute Resolution, Litigation

Circumstances commonly arise where a Statement of Claim is issued in a court outside of the state where the issuer resides.

What to do when Faced with a Statutory Demand

Posted by nucleoPosted on September 19, 2019 UncategorizedCorporate Insolvency, Debt recovery

If your company receives a creditor’s statutory demand, there are steps that must be taken to prevent a situation from going bad to worse.

Setting Aside of an Order to Wind-up under UCPR 36.16(2)(b)

Posted by nucleoPosted on June 24, 2019 UncategorizedDebt recovery, Insolvency

Case Review: Day & Night Online Transport Pty Ltd (in liq) [2018] NSWSC 796