BUSINESS & WEALTH STRUCTURING
(COMMERCIAL LAW) ARTICLESAvoid spam penalties – Compliance with The Spam Act 2003 (Cth)
Did you know that electronic marketing (for example, SMS and/or email campaigns) can result in spam penalties of $220,000 per day? Developments in technology have increased the ways in which businesses can communicate with existing or potential customers. The risk...
Where do I lodge my Claim and Statement of Claim against a Defendant?
In Queensland, "where" you lodge a Claim and Statement of Claim is dictated by the Uniform Civil Procedure Rules 2001 (“UCPR”). Queensland has three different categories of Courts, which are essentially organised in terms of the matter types which each decide, as well...
How does “service” of a Statement of Claim work?
After a Claim and Statement of Claim have been lodged with the Court and returned to us, the next step is to "serve" the documents on the Defendant in accordance with the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). Rule 105 of the UCPR states: (1) A person...
What is a Shareholders Agreement?
A Shareholders Agreement is essentially the "Nuptial Agreement" for business partners in a company. Similar agreements exist in each type of business entity type (such as Unit Trusts, Partnerships, Joint Ventures, etc.). The design and topics of the Shareholders...
How do I obtain a Default Judgment against a Debtor?
Prior to obtaining Default Judgment, a Claim and Statement of Claim must be filed with the Court on behalf of the Creditor outlining the relationship between the Creditor and the Debtor, the history of the supply of goods or services forming the basis of the Debt...
We have judgment! Now what?
Obtaining Judgment against a Defendant is a step in the process of recovering monies from a debtor - but not the end in many cases. A Judgment is valid for 12 years from the date on which the Judgment is granted. Judgment will adversely affect a debtor’s credit...
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