Stonegate Legal

How to Protect Personal Assets Before Business Failure

Wayne Davis — Thu, 02 Jul 2026 08:20:41 +0000

How to Protect Personal Assets Before Business Failure Many directors and business owners assume that operating through a company fully protects their personal assets from business debts. That assumption can prove costly when a personal guarantee has been signed. A personal guarantee may allow a creditor to pursue the guarantor personally if the business defaults […]

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Subpoenas Under the UCPR in Queensland

Wayne Davis — Thu, 02 Jul 2026 07:55:14 +0000

What Is a Subpoena Under the UCPR? A subpoena is a court-issued document used in Queensland civil proceedings to require a person to produce documents or things, attend to give evidence, or do both. It may be directed to a party or a non-party, including a bank, accountant, employer, consultant, government agency or former employee. […]

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Personal Guarantees: What Assets Are At Risk?

Wayne Davis — Sun, 28 Jun 2026 22:00:13 +0000

Why Personal Guarantees Create Personal Risk If a business fails, a personal guarantee can allow a lender, landlord, supplier, or financier to pursue the guarantor’s personal assets even though the debt was originally incurred by a company. That is the most important risk business owners often overlook. Many directors correctly understand that a company is […]

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How to Stop a Mortgagee Sale In Queensland

Wayne Davis — Sun, 28 Jun 2026 04:25:50 +0000

What Is a Mortgagee Sale A mortgagee sale occurs when a lender exercises its contractual and statutory right to sell secured property after a mortgage default. Borrowers who want to stop a mortgagee sale should understand that this power usually arises only after earlier enforcement steps have already occurred. The purpose of the sale is […]

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Can I Run a Business While Bankrupt?

Wayne Davis — Fri, 26 Jun 2026 05:37:37 +0000

Can I Run a Business While Bankrupt? Yes, you can generally run a business while bankrupt in Australia, but significant restrictions apply. Bankruptcy does not automatically prevent a person from earning income, operating as a sole trader, or continuing to work in their chosen industry. However, many business owners underestimate the legal consequences that accompany […]

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Voidable Transactions and Director Risk What Can Be Reversed

Wayne Davis — Fri, 26 Jun 2026 01:59:41 +0000

What Are Voidable Transactions in Company Liquidation? A voidable transaction is a transaction entered by a company before liquidation that may later be reversed by a liquidator because it unfairly reduced the assets available to creditors. The issue matters because directors, related parties, suppliers, and creditors can all face recovery claims years after payments or […]

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Verbal Contract Enforcement in Queensland

Wayne Davis — Thu, 25 Jun 2026 01:02:13 +0000

Are Verbal Contracts Legally Enforceable? Yes. Verbal contracts are generally enforceable in Queensland, provided the essential elements of contract formation are present. Australian law does not usually require contracts to be in writing. However, the key issue in most disputes is not whether an oral agreement can create legal obligations, but whether the parties can […]

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Admissions Under the Uniform Civil Procedure Rules

Wayne Davis — Wed, 17 Jun 2026 07:44:55 +0000

Admissions Under the Uniform Civil Procedure Rules in Queensland Admissions under the Uniform Civil Procedure Rules 1999 (Qld) are formal or deemed concessions made in civil proceedings that may narrow the facts, documents or issues requiring proof. They matter because an admission can reduce trial costs, affect settlement leverage, or support judgment. The most immediate […]

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How to Renegotiate a Contract Safely After Signing

Wayne Davis — Sat, 13 Jun 2026 03:02:33 +0000

Can You Renegotiate a Contract After Signing? Yes. Parties can generally renegotiate a contract after it has been signed. However, renegotiation is not the same as legally changing the contract. A common misconception is that once discussions about new terms begin, the original agreement is effectively put on hold. In most cases, that is incorrect. […]

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Workplace Defamation: Groupchats and Private Messages

Wayne Davis — Sat, 13 Jun 2026 02:01:28 +0000

Why Work Messages Can Give Rise to Workplace Defamation Claims in Queensland Workplace defamation increasingly arises from informal digital communications such as WhatsApp, Signal, Slack, and Microsoft Teams rather than from traditional written correspondence. In many Queensland workplaces, these messaging platforms now operate as the primary forum for operational discussions, performance commentary, and unguarded statements […]

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