COMMERCIAL LITIGATION
ARTICLESI want to sue someone for a debt – what do you need me to give you?
You have a debt you want recovered - we can help with that! We do not want to waste your time or money - so in order to fast track the process to allow us to sue someone for a debt (remember we have a 24 hour turn around time on new referrals, and 8 hours if all...
What happens when I can’t find the Defendant to personally serve?
As all lawyers and a significant number of clients learn quickly in litigation, finding a Defendant to personally serve can be painfully slow and frustrating. Unfortunately, the Civil Procedure Rules categorically require personal service for originating matters (and...
What, I can’t have a “Final Sale – No Refunds Policy”?
What? I can't have a Final Sale - No Refunds Policy? We understand business - we understand that when you make a sale, you want that sale to go to revenue. Unfortunately, the Australian Consumer Law (ACL) does not allow you unilaterally decide the sale is a done...
Is it worth pursuing a debt under $500?
Every business has one (or more) debtor(s) which drops off the radar and does not settle their bill. Clients ask us, is it worth pursuing a debt under $500? Our answer varies depending on the nature of the debt. For instance, if your business has a credit agreement...
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...
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