Debt recovery

Our debt recovery lawyers have extensive domestic and international experience in both recovering debts and defending claims for debts.  We have acted for international businesses, national franchisors as well as professional services organisations in the recovery of their debts.

 

The maintenance of cash flow is essential to your business efficacy, and we can help you eliminate your debtors to ensure the continued profitability of your business.

Is it worthwhile pursuing the debt?

We appreciate that debt recovery is often a delicate balancing act that involves considering the costs of debt recovery against the prospects of getting paid. Our experienced debt recovery lawyers will advise you as to your prospects of success and consider risks, threats and opportunities to form a strategy that best suits you. We tailor our services to work for your circumstances, and we will work with you to achieve a commercial and cost-effective solution.

Letters of demand and statutory demands

Frequently, the first step in the debt recovery process is issuing an effective letter of demand. Often a well-drafted letter of demand from a lawyer is sufficiently compelling for the debtor and is all that is required to recover your debt.  However, if we encounter resistance, we can engage in cost-effective negotiations with the debtor if deemed appropriate, potentially avoiding the monetary and time expenses associated with litigation. Otherwise, we will advocate on your behalf in court proceedings whilst continuing to uphold our model of cost-effective and commercially intelligent solutions. Entering into litigation should be contingent on the value of the debt, because we want you to avoid throwing good money after bad. 

Insolvency related procedures and the issuing of a statutory demand are a commonly used alternative to the above.  You should obtain specific advice as to whether or not this is advisable and whether there is a genuine trial issue i.e. a reason why the dispute needs to go to trial instead.

Protection for small businesses against unfair contract terms : ss 23 – 28 of Schedule 2 to the Competition and Consumer Act 2010 (Cth)

BACKGROUND Following public consultation processes, new laws[1] came into force on 12 November 2016 which extended existing consumer protection laws against unfair contract terms to “small business contracts” (e.g. business to business contracts). Under these laws, small businesses can also have an “unfair” term in a “standard form contract” declared

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