By Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) Your company has been served with a Form 509H Creditors Statutory Demand for Payment of Debt – what happens next? In our earlier post titled ‘Statutory Demands – the pros and the cons‘ we discussed the use of Statutory Demands by creditors to recover debts … Read more
The recent Ken Hinkley/Gold Coast Suns issue has since been resolved by Hinkley signing a new deal with Port Adelaide, but it does raise the question of what the club would have done if Gold Coast had poached him. In respect of Hinkley, would Port have gone down the same path as the (NRL) Bulldogs … Read more
By Kate Davey (Lawyer) and Paul Welling (Principal Solicitor) As we noted in our earlier blog post titled “You’re owed money…what next?”, in certain circumstances, a Statutory Demand may be an appropriate method for recovering a debt from a company. The purpose of this post is to detail the process for issuing a Statutory Demand … Read more
By Kate Davey (Lawyer) and Paul Welling (Principal Solicitor) If you or your organisation become involved in a dispute, you should be aware of the obligations which the Civil Procedure Act 2010 (Vic) (Act) imposes on parties, legal practitioners and law practices in relation to the conduct of litigation in Victoria. The undeniably lofty “overarching … Read more
By Kate Davey (Lawyer) and Paul Welling (Principal Solicitor) Discovery…it’s a necessary step in any litigation and the one that causes clients the most frustration. Outlined below are the basics you need to know. What is discovery? Discovery is the process by which parties to litigation provide one another with all documents in their possession … Read more
By Kate Davey (Lawyer) and Paul Welling (Principal Solicitor) So you’ve tried the usual methods – sending outstanding invoices with “REMINDER: your account is overdue” stickers on them and making follow-up telephone calls – what’s next? Letter of demand This document, usually sent on a lawyer’s letterhead, states how much is owed and on what … Read more
By Kate Davey (Lawyer) and Paul Welling (Principal Solicitor) The way in which you manage a potential dispute in its early stages (before anyone actually issues a legal proceeding) can set you up for success or failure later on. Identifying and dealing with potential disputes early may even enable you to negotiate a settlement and … Read more
