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Debt Recovery

Debt recovery should be simple and straight forward, but it takes experience to make it so. Our solicitors have practiced extensively in this area and have developed specialised skill sets to increase your recoveries.

It is our efficient systems, innovative costs structure and our firm’s ethical principles that have had our solicitors conducting debt recovery proceedings on behalf of:

  • Government agencies;
  • Publicly listed companies;
  • Schools;
  • Local and regional councils; and
  • Small and large businesses.

 

As almost all matters are different, we treat each matter separately. However, at the outset of many matters, similar issues are raised. Once these are identified, our systems and precedents enable streamlined progress of files.

UNSECURED DEBT RECOVERY

We offer our clients timely and commercial advice and debt recovery services including:

  • Letters of demand;
  • Commencing legal proceedings;
  • Issuing statutory demands and obtaining orders for the appointment of liquidators to companies;
  • Issuing bankruptcy notices and obtaining orders for the appointment of bankruptcy trustees to individuals;
  • Enforcement warrants and enforcement hearings.

 

SECURED DEBT RECOVERY

If your business operates credit accounts for your customers, a properly drafted credit application and guarantee can grant security over your customer’s assets, in particular, their land.

Unregistered interests can be protected by a caveat lodged over the title to any land of a defaulting customer. This prevents any dealings in relation to the land, such as a transfer or mortgage, being registered. Queensland has a peculiar system of lapsing caveats after three (3) months.

Charging clauses can provide a massive advantage over other creditors in getting paid as these securities usually take priority over a liquidator. They also assist in the recovery of costs and interest.

Both Dain Locke and Malcolm Robinson were leaders in expanding the usage of these clauses in both Queensland and interstate. As a result, we have considerable expertise in dealing with these types of securities.

They have drafted credit terms and guarantees for numerous companies, in particular for several major trade suppliers, which have then been adopted nationally across their organisations.

SUBCONTRACTOR CHARGES

The Subcontractors’ Charges Act 1974 (Qld) (“the SC Act”) is an act that enables subcontractors to be paid in circumstances where the builder fails to pay them.

A charge is lodged with the head contractor which, if monies remain owing to the builder, is secured to the benefit of the subcontractor.

The SC Act is, however, complicated and strict time limits apply.

Our solicitors have the necessary expertise to guide you through the required steps and ensure that your right to payment is not lost.

Building and Construction Industry Payments Act (“BCIPA”)

BCIPA is legislation that enables persons or companies carrying on defined construction work to obtain payment where a contractual dispute would otherwise hold up such payment.

By serving a “payment claim” the party responsible for payment must suitably respond or else be deemed liable under BCIPA and required to pay.

BCIPA is another complicated Act and our solicitors are able to advise and guide you through is intricacies towards a successful outcome.

Whatever your debt recovery needs we provide:

  • Fast efficient service;
  • Depth of experience in the legal profession;
  • Expertise in the debt recovery field; and
  • Tailored cost structures to suit your business needs.

 

For further enquiries, please contact Dain Locke or Emily Roberts.