Following a discussion paper and consultation in January 2021 with key stakeholders regarding reforms to the Bankruptcy Act 1966 and COVID regarding the default period of bankruptcy, debt agreements, … [Read more...] about Get involved in possible changes to Bankruptcy Laws – Fill out the survey
Going to Court – should I use a lawyer or do it myself?
Court Orders for Entry, Repossession and Delivery up of Vehicles
In the event a borrower fails to make payment on a secured loan regarding personal property, enforcement provisions for Court Orders are found within the Consumer Credit Code. Once called the … [Read more...] about Court Orders for Entry, Repossession and Delivery up of Vehicles
My credit score, is it important?
If I don't pay, what can happen? Will it affect my credit score? What is a credit score? Can we default the debtor? Do we need to remove the default? I am asked questions like this by debtors … [Read more...] about My credit score, is it important?
Served with legal documents: do I use a lawyer or do it myself?
If you have been served with legal documents, you may consider going to court yourself or paying a lawyer to go for you on your behalf. Here are some reasons why you might want to consider investing … [Read more...] about Served with legal documents: do I use a lawyer or do it myself?
Discovery of Documents in Court Proceedings
Discovery is a Court mandated process of having litigants view documents that are relevant to issues being litigated before a Court. The issues being litigated will generally depend upon the … [Read more...] about Discovery of Documents in Court Proceedings
New Bankruptcy Rules for 2016
The Federal Court has advised that the current Federal Court (Bankruptcy) Rules 2005, as well as the Federal Circuit Court (Bankruptcy) Rules 2006, will be automatically repealed as a result … [Read more...] about New Bankruptcy Rules for 2016
My Solicitor Quit, Notice of Ceasing to Act
"If solicitors cannot obtain instructions or funding from the client then they are entitled to file a notice that they have ceased to act.[2]" The general rule in litigation is that Solicitors are … [Read more...] about My Solicitor Quit, Notice of Ceasing to Act
I signed a bad deal, do I have to pay?
Negotiate the terms before you sign, not when you get the bill. I signed a bad deal is not a good defence. Dealing with business disputes is what I do day in and day out. So, I get to see all … [Read more...] about I signed a bad deal, do I have to pay?
I have a debt under $5,000 should I sue?
I am regularly asked this question. I thought I would write what my usual response is. Whether debt recovery is worth it from a commercial perspective (cost vs. prospects of recovery) usually … [Read more...] about I have a debt under $5,000 should I sue?
Stay that Bankruptcy
The Full Federal Court in the case of Totev v Sfar [2008] FCAFC 35 considered the practical difficulties and effect of time lapsing between the original sequestration order being made and a review by … [Read more...] about Stay that Bankruptcy
