Insolvency & Debt Recovery

Whether you are seeking to recover a debt or someone is making a claim against you, we are specialists. Our team of litigators can help you identify the issues, navigate the courts and give you the right advice, no matter on which side of the equation you find yourself.

Bianca Clout (Admin)

Identification of Entitlements

Whether you are owed money or someone is chasing you for money, it is important to quickly identify what rights you have and how you go about enforcing those rights. Can you sue? Where should you sue? Do you have a defence? Are there specialist tribunals that will handle your matter? We offer advice on what to do about the debt.

Advice on Recovering or Defending a Debt

It is vital to get the right advice before you try to recover your money by taking action through a Court, commencing a claim in a Tribunal such as the NSW Civil and Administrative Tribunal, or trying to recover your debt without going to Court. If someone is suing you, what defences are available? Are you able to have the matter moved to a more convenient place or to a Court or Tribunal better able to deal with the matter? Are there any options other than going to Court? What should happen in the matter to bring about the best possible outcome? We advise on all aspects of debt recovery.

Preparing and Conducting Hearings

With most Courts now requiring all evidence to be in written form, it is important to have all the details right. All Courts also have case management schemes requiring compliance with timetables, exploration of settlement, determining what is in dispute and accurately identifying the likely hearing times. We assist in all aspects of preparing your case for hearing.

Recovery of Judgments & Proceedings in Insolvency

How do I recover my judgment debt? Do I need a judgment debt at all? There are a range of options open to a judgment creditor to seek to recover their money, including:

  • Seizing and selling goods

  • Garnishing funds from a debtor’s bank account or wages

  • Obtaining orders to compel the sale of a debtor’s real property

  • Bankrupting the debtor

  • In the case of a corporate debtor, appointing a liquidator to the debtor

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