Debt Recovery Qld

Unpaid Wages and the Fair Entitlements Guarantee

The Fair Entitlements Guarantee (“FEG”) is a statutory safety net where the Australian Government will pay employee entitlements to eligible employees of a company that gets wound up in insolvency, or for people who have been made bankrupt.

The Federal Government will pay:

Up to 13 weeks of unpaid wages;

Any unpaid annual leave and long service leave;

Up to five weeks payment in lieu of notice;…

How to Draft an Adjudication Response in Queensland

If you want to know how to draft and serve an adjudication response, then this article will provide you with useful information.

If you have been served with an adjudication application in Queensland, then you need to file and serve an adjudication response.

A respondent will need to do the following:

Identify the eligibility to give an adjudication response;

Immediately confirm the critical…

Wage Theft – Underpayment of Wages

Wage theft is the non-payment of your legal entitlements by your employer, including award rates, penalty rates, wages, and overtime.

If your employer has stolen your wages then you may have a claim in the Federal Court, Federal Circuit Court, the District Court, or the Magistrates Court.

You can seek an order from your employer and also any person involved in the contravention.

There are…

Legal Proceedings for Debt Recovery

Legal proceedings for debt recovery include:

Trying to resolve the debt dispute without litigation;

Starting legal proceedings for debt recovery;

Obtaining a judgment or enforceable money order; and

Enforcing that judgment over the property of the debtor.

However, debt recovery action in Court or QCAT should be a last resort.  Legal proceedings for debt recovery can be costly and time consuming.

Enforcement Warrant for Redirection of Debts

An enforcement warrant for redirection of debts is an enforcement option pursuant to the Uniform Civil Procedure Rules 1999 (QLD) (“UCPR”).

An enforcement warrant for redirection of debts is a way of enforcing a judgment, enforcing a registered QCAT decision or enforcing a registered adjudication decision.

A warrant for redirection of debts allows the creditor to enforce an enforceable money…

Statutory Demand – Complete Guide

A statutory demand is a written request for the payment of debts that are owed by an insolvent company, under section 459E of the Corporations Act 2001 (Cth).

This complete guide to statutory demands is one of the most comprehensive free guides to statutory demands in Australia.

This guide will look at how statutory demands work and when it’s appropriate to use these demands – how to draft a…

Unpaid Rent Arrears in Queensland

Unpaid rent arrears in residential property can have a serious impact on landlords’ cash flow.

The popular misconception is that landlords are all wealthy property tycoons – but this is simply not true.

A vast majority of investors are small investors who own only one (1) investment property.

Landlords and owners have bills to pay, a mortgage to pay, perhaps property manager or property agent…

Enforcement Hearing & Statement of Financial Position

An enforcement hearing and statement of financial position are ways that provide the judgment creditor with the required information to request an enforcement warrant pursuant to Chapter 19 Part 2 of the Uniform Civil Procedure Rules 1999 (QLD) (“UCPR”).

If a creditor has received an enforceable money order and they want to attempt to enforce the judgment or enforce the QCAT decision, then the…

Enforcement Warrant for Redirection of Earnings

A warrant for redirection of earnings is an enforcement option pursuant to the Uniform Civil Procedure Rules 1999 (QLD) (“UCPR”).

An enforcement warrant for redirection of earnings is a way of enforcing a judgment or enforcing a registered QCAT decision.

A warrant for redirection of earnings allows the creditor to enforce an enforceable money order over the wages or salary earned by the debtor.

A…

Enforcement Warrant for Seizure and Sale of Property

A warrant for seizure and sale of property is an enforcement option pursuant to the Uniform Civil Procedure Rules 1999 (QLD) (“UCPR”).

A warrant for seizure and sale of property is a way of enforcing a judgment or enforcing a registered QCAT decision.

A warrant for seizure and sale of property allows the creditor to enforce an enforceable money order over the property of the debtor.

Property can…

Recovering Outstanding Body Corporate Levies

Are you a body corporate with outstanding body corporate levies from a lot owner?

A lot owner in a body corporate scheme is required to pay an agreed amount annually in owners’ contributions and levies.

If lot owners do not pay these contributions and levies, then this could impose a financial burden on the body corporate and/or the other lot owners, forcing the body corporate to commence the…

How Long can a Debt be Chased in Australia?

Have you ever wondered how long can a debt be chased in Australia?

In most states (except NT) the limitation period is six (6) years.

This is contingent on a number of different factors and so it is vital that you get the calculations correct.

Failure to realise the limitation period could mean that you will be unable to successfully recover your debts and they will become statute barred.

This…

Recovering Debts or Money Owed

Do you need to collect debts or money owed to you?

You can recover debts or money owed in the following ways:

Negotiating with the debtor;

Mediation or alternative dispute resolution;

Filing a claim in the Court with jurisdiction;

Filing a claim in QCAT or another tribunal;

Issuing a statutory demand on an insolvent company;

Enforcing the judgment with an enforcement warrant;

Enforcing the…

Winding Up Order – How to Wind up a Company

A winding up order is an order from the Court ordering that a company be wound up in insolvency.

Section 459P of the Corporations Act 2001 (Cth) (“Corporations Act“) says that a creditor can apply to the Court for a company to be wound up in insolvency.

The most common was that a creditor applies to the Court for a winding up order is after non-compliance with a creditors statutory demand.

Non-co…

Small Business Debt Collection – 27 Tips and FAQ

Small business debt collection is an unfortunate but vital part of running any small business in Queensland.

If you offer goods and/or services on credit, then you will have experienced the stress and time constraints with attempting to recover these bad debts yourself.

A small business debt collection lawyer can give you advice and assistance you need to reduce the stress of having to recover…

Statutory Demand Formal Requirements

If you are planning on drafting and serving a creditor’s statutory demand yourself, then there are several statutory demand formal requirements that you must comply with.

This article dovetails with our article on formal defects in a statutory demand causing substantial injustice. If you do not get some of these formal requirements correct, then it could be a reason for the debtor company to set…

How to Draft a Statutory Demand – Form 509H

Do you need to know how to draft a statutory demand – Form 509H?

A statutory demand is a demand for payment pursuant to section 459E of the Corporations Act 2001 (Cth) (“the Corporations Act”).

If you are a creditor of a debtor company, and the company is unable to pay its debts when they become due and payable, then you can serve the company with a creditor’s statutory demand for payment,…