The Examination Order
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.
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Discovery vs Subpoena
In some instances, it is not commercially viable to obtain an order for discovery in a legal matter.
Continue readingWhat is a Quantum Meruit Claim?
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.
Continue readingHow to Set Aside a Statutory Demand
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.
Continue readingEffecting Personal Service & an Application for Substituted Service
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.
Continue readingAppealing a Local Court Judgment – Ange v Contos [2020] NSWSC 64
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.
Continue readingWhy Issue a Writ for the Levy of Property
Once judgment has been obtained against a debtor, one enforcement option available to creditors is to issue a Writ for the Levy of Property.
Continue readingWhat is a Garnishee Order?
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.
Continue readingInterstate Service of Statement of Claim relating to a Credit Contract, Lease, Mortgage or Guarantee
Circumstances commonly arise where a Statement of Claim is issued in a court outside of the state where the issuer resides.
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