Stonegate Legal

Debt Recovery Where No Assets Are Recoverable

Wayne Davis — Mon, 17 Aug 2026 05:20:08 +0000

Can You Recover a Debt If the Debtor Has No Assets? Yes. A debtor who appears to have no assets is not necessarily beyond the reach of debt recovery. While immediate enforcement may be difficult, future income, hidden assets, voidable transactions, or insolvency procedures can still produce payment. The biggest mistake creditors make is abandoning […]

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Oppose a Summary Judgment Application: Step-by-Step Guide

Wayne Davis — Thu, 13 Aug 2026 22:00:54 +0000

How to Oppose a Summary Judgment Application in Queensland A plaintiff’s summary judgment application can be opposed successfully in Queensland where the material demonstrates a real prospect of successfully defending all or part of the claim, or otherwise shows that a trial is needed. You do not have to prove conclusively that you will ultimately […]

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Recovering Company Debts Using Statutory Demands

Wayne Davis — Wed, 12 Aug 2026 22:00:09 +0000

Using Statutory Demands to Recover Company Debts A statutory demand is often one of Australia’s most effective tools for recovering an undisputed company debt because it creates immediate commercial pressure backed by insolvency law rather than ordinary litigation. Governed by the Corporations Act 2001 (Cth), it is not simply a formal demand for payment. If […]

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Enforcement of a Judgment in Queensland

Wayne Davis — Wed, 12 Aug 2026 05:56:07 +0000

Enforcement of a Judgment in Queensland If the debtor does not voluntarily pay, you may need to take further action to recover the money, including enforcement under the Uniform Civil Procedure Rules 1999 (Qld). Delaying enforcement can reduce your chances of recovery if assets are sold, hidden, or lost to insolvency. This article explains how […]

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Bankruptcy and Employment: Can You Keep Working?

Wayne Davis — Thu, 06 Aug 2026 02:39:22 +0000

How Bankruptcy Affects Professional Licenses and Employment in Australia Bankruptcy and employment issues are often misunderstood because bankruptcy does not automatically stop most people from working, earning income, operating as a sole trader, or continuing their professional career. The real question is usually whether bankruptcy triggers disclosure obligations, licensing reviews, fit-and-proper-person assessments, company director restrictions, […]

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Summary Judgment in Debt Recovery Queensland

Wayne Davis — Wed, 05 Aug 2026 01:06:29 +0000

What Is Summary Judgment? Summary judgment in debt recovery can provide an earlier pathway to judgment where the debtor has no real prospect of successfully defending all or part of the claim, and there is no need for a trial of that claim or part. It is not available simply because money is owed. The […]

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Disclosure of Evidence in Queensland

Wayne Davis — Wed, 29 Jul 2026 04:48:24 +0000

Disclosure of Evidence in Queensland: Duties, Documents and Consequences In Queensland civil proceedings, disclosure of evidence generally requires each party to identify and provide access to documents in its possession or control that are directly relevant to disputed allegations. This matters because contemporaneous emails, messages, contracts and financial records can confirm or undermine a pleaded […]

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When Should You Sue for Breach of Contract?

Wayne Davis — Tue, 28 Jul 2026 00:16:27 +0000

Should You Sue for Breach of Contract? It is not always commercially worthwhile to sue for breach of contract. The right decision depends on more than proving the other party was in breach—it also requires strong evidence, recoverable financial loss, and a commercially sensible outcome. Litigation is only one way to enforce your contractual rights, […]

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Frustration of Contract Explained: Can You Legally Walk Away?

Wayne Davis — Fri, 24 Jul 2026 01:47:36 +0000

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?

Wayne Davis — Thu, 23 Jul 2026 00:19:26 +0000

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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