Debt Recovery

Debt Recovery

We recovery debts for many of our business clients – some of whom are located overseas – and we have been doing so for over 2 decades. We also defend unmeritorious claims made against our clients.

No-one wants to throw good money after bad. We take careful instructions from our clients and the circumstances surrounding the creation of the debt. We like to know how it arose. We ask about the profile of the debtor, and then discuss options before pursuing any court action. We know several private investigators who specialise in skip tracing. If the prospects of getting a successful judgment are good, but the chances of recovery of actual money are not good, then we will let you know.

We understand mediation and deeds of settlement and release and we can explain these matters to our clients. We strongly promote them where they are appropriate.

We act in all Tribunals and Courts. We can assist our clients by discussing with them in straight forward terms, how the Court process works. This gives our clients a bird’s eye view of the Court system, and where their case fits into it.

There are numerous ways of pursuing (and defending) actions for the recovery of debts. We help our clients understand the more straight forward claim for the cost of goods or services rendered.

However, one frequently unexplored option in debt recovery is to consider whether a statutory demand under s 459E of the Corporations Act is a better alternative than pursuing the matter through the Courts in a possibly lengthy civil case.

Where appropriate, we explain the claw-back provisions of the Corporations Act, including unfair preferences (i.e. where a particular creditor gets paid in percentage terms more than the others), uncommercial transactions (where the company sells a valuable company asset to a relative of the director for example, at a rock-bottom price), unfair loans (where a loan is made to the company by a director at extortionate rates) and unreasonable director-related transactions (where the company gives the director a golden handshake or other bonus that is out of proportion to the benefit the company is receiving). We also explain the bankruptcy equivalents.

Our firm understands, and can explain in plain English, the claims that can be made against a company director if his company is not paying its creditors and we can estimate the prospects of success.

We can help you by analysing the various options available. This helps you to be able to choose the best way forward for you in your circumstances.

At all times, we not only discuss the costs which may be incurred moving forward from stage to stage, but we also give genuine costs estimates for the whole litigation process. We don’t like surprises and we understand that our clients don’t either.

Debt recovery is often closely linked with other Court action, like obtaining injunctive relief – i.e. an order from the Court preventing someone from doing something. Our advice to you will include this scenario where relevant. We can also advise you in relation to the strengths and weaknesses of your case where it involves the Personal Property Securities Act 2009.

If you want down to earth advice and a debt recovery lawyer who can get results, then call us on 02 9570 7844.