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Recovering an unpaid debt from a debtor generally involves a 2 step process - you need to prove that the debt exists and is payable (at which point, the Court will award judgment in your favour as the creditor) and then you need to enforce the debt (that is, seek toĀ get payment of the debt in compli...
The difficulties associated with a partly oral and partly written contract were considered by the Supreme Court in an April 2019 decision involving the Fields Group, a security company based on the Central Coast with approximately 120 security guards, and the much larger Wilson Security, with approx...
The ACCC and ASIC have launched a new publication,Ā Dealing with debt collectors: Your rights and responsibilities, a guide which explains:
- peopleā€™s legal rights and responsibilities if they owe a debt;
- where to seek help to work out a budget, negotiate a repayment plan, apply for hardship or bet ...
Every so often, a default judgment will be entered against an apparent debtor, but the debtor has no idea about the court proceedings having been commenced against it, or indeed about the debt itself.
The first time they know about it is when the sheriff comes knocking on their door, or when they a...
