Stonegate Legal https://stonegatelegal.com.au/ Commercial Litigation Lawyers in Queensland Fri, 24 Jul 2026 01:49:44 +0000 en-AU hourly 1 https://wordpress.org/?v=7.0.2 https://stonegatelegal.com.au/wp-content/uploads/2019/10/cropped-Stonegate-logo-only-small-32x32.jpg Stonegate Legal https://stonegatelegal.com.au/ 32 32 Frustration of Contract Explained: Can You Legally Walk Away? https://stonegatelegal.com.au/frustration-of-contract-explained/ Fri, 24 Jul 2026 01:47:36 +0000 https://stonegatelegal.com.au/?p=22950 Frustration of Contract Explained Frustration of contract may discharge parties from further performance only in limited circumstances where a supervening event fundamentally changes the nature of the contractual obligations, rather than simply making performance more difficult or expensive. Whether the event was foreseeable is relevant, but the central question is whether the contract, properly construed, […]

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]]> Loan Default Negotiations: What Options Do Borrowers Have? https://stonegatelegal.com.au/loan-default-negotiation-options/ Thu, 23 Jul 2026 00:19:26 +0000 https://stonegatelegal.com.au/?p=22885 Negotiations With the Bank After Loan Default You can often negotiate with the bank after a loan default, and doing so as early as possible usually provides the greatest opportunity to avoid costly enforcement action. A default does not automatically result in repossession, court proceedings, or the forced sale of secured property. However, once formal […]

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]]> Commercial Lease Lockout: Can a Landlord Change the Locks? https://stonegatelegal.com.au/commercial-lease-lockout-unpaid-rent-queensland/ Tue, 21 Jul 2026 22:00:45 +0000 https://stonegatelegal.com.au/?p=22874 Commercial Lease Lockout in Queensland A commercial landlord in Queensland may be able to lock a tenant out for unpaid rent, but only if the lease permits re-entry and any contractual and legal requirements have been properly followed. This is a critical issue because an unlawful commercial lease lockout can expose landlords to damages claims, […]

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]]> How to Settle a Commercial Dispute Without Going to Court https://stonegatelegal.com.au/settle-commercial-dispute-without-going-to-court/ Tue, 21 Jul 2026 02:33:21 +0000 https://stonegatelegal.com.au/?p=22936 How to Settle a Commercial Dispute Without Going to Court Yes. Many commercial disputes can be settled without a final court hearing, and in appropriate cases doing so may produce the most effective commercial outcome. Court proceedings should usually be viewed as one option rather than the starting point, as early legal strategy often preserves […]

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]]> Default Judgment Where No Defence Has Been Filed https://stonegatelegal.com.au/default-judgment-where-no-defence-has-been-filed/ Fri, 17 Jul 2026 01:42:25 +0000 https://stonegatelegal.com.au/?p=22740 Can I Obtain Default Judgment if the Debtor Does Not File a Defence? Not every debt recovery proceeding in Queensland proceeds to a contested hearing or trial. Where a defendant has been properly served with a claim and fails to file a Notice of Intention to Defend and defence within the time required by the […]

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]]> Undervalued Mortgagee Sale: Can You Sue the Bank? https://stonegatelegal.com.au/undervalued-mortgagee-sale-can-you-sue-the-bank/ Wed, 15 Jul 2026 22:00:17 +0000 https://stonegatelegal.com.au/?p=22759 Undervalued Mortgagee Sale: Can You Sue the Bank? An undervalued mortgagee sale can leave a borrower without their property, without expected equity, and still facing a substantial shortfall debt. Although a bank or other mortgagee may be entitled to sell secured property after the power of sale has arisen and become exercisable, the mortgagee must […]

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]]> Asset Protection and Bankruptcy in Australia https://stonegatelegal.com.au/asset-protection-and-bankruptcy-in-australia/ Tue, 14 Jul 2026 22:00:57 +0000 https://stonegatelegal.com.au/?p=22571 Asset Protection and Bankruptcy Asset protection is one of the most misunderstood aspects of Australian bankruptcy law. Many people assume that transferring assets to a spouse, moving property into a family trust, or restructuring ownership shortly before insolvency will automatically place assets beyond the reach of creditors. In reality, the Bankruptcy Act 1966 (Cth) gives […]

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]]> Refinancing or Selling a Home Which Retains More Equity? https://stonegatelegal.com.au/refinancing-or-selling-a-home-which-retains-more-equity/ Tue, 14 Jul 2026 00:44:05 +0000 https://stonegatelegal.com.au/?p=22880 Borrowers facing a mortgage default generally have two options before a lender completes enforcement: refinance the existing loan or voluntarily sell the property before a mortgagee sale occurs. In many cases, acting early preserves significantly more equity than allowing the lender to take control of the sale process. The most important risk is delay. Once […]

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]]> Force Majeure Clause Risks in Australia Explained https://stonegatelegal.com.au/force-majeure-clauses-in-australia-explained/ Mon, 13 Jul 2026 01:36:17 +0000 https://stonegatelegal.com.au/?p=22869 What Is a Force Majeure Clause and How Does It Work in Australia? A force majeure clause is a contractual provision that may suspend, delay, or excuse contractual obligations when specified events outside a party’s control prevent, hinder, or delay performance, depending on the language of the clause. In Australia, force majeure is not a […]

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]]> How to Protect Personal Assets Before Business Failure https://stonegatelegal.com.au/how-do-directors-protect-personal-assets-before-business-failure/ Thu, 02 Jul 2026 08:20:41 +0000 https://stonegatelegal.com.au/?p=22770 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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