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Searching Content indexed under Litigation, Mediation & Arbitration by Graham Roberts ordered by Published Date Descending.
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1
Creditor defeats unfair preference claim by liquidator
It is a defence to an unfair preference claim to show no reasonable grounds to suspect insolvency of the debtor company.
Australia
11 Jul 2019
2
Statutory demands and disputes regarding the meaning of a contract
Early notice of the grounds of dispute should be given to the creditor, to guard against a statutory demand being issued.
Australia
10 Jul 2019
3
Serving a creditors statutory demand on a company where you are a director
Recovering debts from a company as a director can be a complicated process that needs to be carefully considered.
Australia
9 Mar 2019
4
Setting aside a statutory demand on conditions: a double-edged sword?
Article reminds us that the court has the power to set aside the statutory demand on conditions.
Australia
8 May 2018
5
Insolvency insights: Recent decisions on liquidators litigation funding agreements
A liquidator must not enter into any sort of agreement that could last longer than three months, without prior approval.
Australia
10 Jul 2017
6
Farm debt disputes in Queensland – new Act creates pitfalls for lenders
Mortgagees must offer mediation before commencing any enforcement action to recover outstanding farm business debts.
Australia
29 May 2017
7
Financial Ombudsman Service complaints – when, where and how
FOS Australia deals with a range of FSP disputes including banking, credit, loans, insurance and financial planning.
Australia
20 Feb 2017
8
Can a statutory demand served at a company's virtual office be resisted out of time?
These cases highlight the importance of ASIC records being up-to-date and correctly recording the registered office.
Australia
3 Jan 2017
9
Assignment of debts, statutory demands and offsetting claims
The assignee of a debt receives the benefit of the debt, subject to both the rights and obligations of the assignor.
Australia
18 Jul 2016
10
Statutory demands and offsetting claims: is there a debt owing to the creditor?
Debts claimed in statutory demands must be due and payable to the creditor named in the statutory demand.
Australia
24 Dec 2014
11
Mortgagees: Can You Take Possession or Sell Before an Expired Notice of Exercise of Power of Sale?
Section 84 of the Property Law Act in Queensland provides that a mortgagee may not exercise the power of sale unless a notice under section 84 has been served on the mortgagor and the specified default is not remedied within 30 days from service of the notice.
Australia
17 Aug 2010
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