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 sides to disputes and the people that have them. From my observations,...Read More
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 depends on three factors. 1. The debtor; 2. The type of claim you have...Read More
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 way of hearing de novo. During that time, without a stay in place,...Read More
by Kristine Hopkins, LLB(hons), LLM, Australian Legal Practitioner Suing someone is not always sensible and simple cases can turn into complex defended litigation costing hundreds of thousands of dollars. At that point, the matter is no longer commercial. Some lawyers...Read More
by Kristine Hopkins, LLM, LLB(Hons), Australian Legal Practitioner You have received a creditors petition and you have a court date looming – what can you do? I receive phone calls from debtors in this situation very often. Sometimes I can help, other times I...Read More
by Kristine Hopkins, LLM, LLB(Hons), Australian Legal Practitioner I talk to business people all the time when things go wrong. Usually when they want to resolve a dispute or sue. Being a dispute resolution specialist, by the time I see the deal, it has gone very,...Read More
Doing work and then not getting paid is not good for business. Why does it always feel bad to chase up slow or non-paying customers? Why do you feel like your being “bad” when you ask for payment? That is the biggest problem I confront as a lawyer,...Read More
Sometimes interstate and rural lawyers engage a “town agent” to attend to court filing, lodgments and court appearances for them. A town agent solicitor can be more cost effective and local lawyers have knowledge of the court processes and civil...Read More
