Stonegate Legal

Bankruptcy Trustee Powers Explained

Wayne Davis — Tue, 20 Oct 2026 02:20:56 +0000

What can a bankruptcy trustee do A bankruptcy trustee can investigate your finances, take control of property available to creditors, sell assets, recover certain pre-bankruptcy transfers and assess compulsory income contributions. The trustee can also seek formal information notices and public examinations. These powers have limits: protected property is excluded, a spouse’s assets do not […]

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Winding Up Application: What Happens and How to Stop Them

Wayne Davis — Tue, 20 Oct 2026 00:55:30 +0000

A winding up application asks a court to place a company into liquidation. If it succeeds, a liquidator takes control of the company’s affairs. To stop the application, a company may need to prove solvency, resolve the applicant’s debt and obtain appropriate court orders, challenge a legally available ground, or establish that administration should continue […]

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Mortgage Default: How It Affects Your Financial Future

Wayne Davis — Mon, 19 Oct 2026 04:50:01 +0000

Mortgage default can damage your credit history, reduce refinancing options and put your home at risk. Selling the property does not necessarily clear the loan: any shortfall may remain payable. If that debt cannot be resolved, court enforcement or bankruptcy may follow. Early hardship assistance, a sustainable repayment arrangement or an agreed sale can limit […]

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When Can You Suspend Performance Under a Contract?

Wayne Davis — Mon, 19 Oct 2026 02:21:18 +0000

You can suspend performance where an enforceable contract term permits it, an applicable statute authorises it, or the proper legal analysis of dependent obligations excuses the particular performance being withheld. An overdue invoice does not automatically give you that right. Follow the required notice procedure before stopping work: an unjustified suspension may itself be a […]

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Commercial Lease Review Checklist

Wayne Davis — Mon, 19 Oct 2026 00:59:43 +0000

A Commercial Lease Review Checklist should test the total cost of occupation, the right to use the premises, repair and make good obligations, personal guarantees, renewal options, exit rights and default consequences. In Queensland, it must also establish whether retail leasing legislation applies and whether the lease reflects the current property law framework. The review […]

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Deeds of Company Arrangement: A Practical Guide to DOCAs

Wayne Davis — Fri, 16 Oct 2026 04:02:36 +0000

What are Deeds of Company Arrangement Deeds of Company Arrangement are binding arrangements made after voluntary administration to determine how a company’s affairs and creditor claims will be dealt with. A DOCA may preserve a business, compromise debts or fund a better return than liquidation. Creditors vote on the proposal, but secured rights, employee priorities […]

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Time Limits for Enforcing a Judgment in Queensland

Wayne Davis — Fri, 16 Oct 2026 02:38:19 +0000

Time Limits for Enforcing a Judgment at a glance In Queensland, a creditor can generally start proceedings to enforce a money order within six years after the order was made without obtaining leave because of its age. After six years, the creditor needs the court’s permission under UCPR r 799. A separate 12-year limitation applies […]

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Instalment Order in Queensland

Wayne Davis — Thu, 15 Oct 2026 00:42:27 +0000

An instalment order allows a Queensland judgment debt to be paid through scheduled payments rather than one lump sum. Either party can apply under rule 868 of the Uniform Civil Procedure Rules 1999 (Qld). The court considers the debtor’s finances, necessary living expenses, other liabilities and whether the debt, including interest, will be paid within […]

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Presumed Facts in Queensland Pleadings

Wayne Davis — Tue, 13 Oct 2026 05:37:02 +0000

Rule 151 of the Uniform Civil Procedure Rules 1999 (Qld) governs presumed facts in Queensland pleadings. A party need not plead a fact that the law presumes in its favour, or a fact it does not bear the burden of proving. The exception is where the fact must be pleaded to comply with rule 149 […]

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Pleading Contracts and Conversations in Queensland

Wayne Davis — Tue, 13 Oct 2026 05:18:24 +0000

Pleading contracts in Queensland requires the parties, formation, relevant terms, breach and relief to be identified clearly. Under rule 152 of the Uniform Civil Procedure Rules 1999 (Qld), a pleading may state the effect of a document or conversation unless precise words are material. An oral agreement still needs particulars of the conversations relied on. […]

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