Publish Date: Sep 19, 2011
People often think of debt collectors as professional bullies or “stand-over” men who break debtor’s arms to make them pay.
Whilst these methods might occasionally be effective, they are usually highly illegal, and no self-respecting business would ever want to be associated with these sorts of tactics.
The law exists to assist us to resolve our differences peacefully. In particular the law allows a creditor to collect debts forcefully but in a civilised way.
If you retain Craddock Murray Neumann as your lawyers we will use the law to your advantage. We will commence Court Proceedings, and if there is no good defence we will obtain judgment. We will then enforce judgment by using one of the various methods which the Law provides.
If the debt is owed by a Company there are some methods which allow a creditor to commence proceedings without first obtaining a judgment. We can advise you on these.
The bottom line is that by using the law a creditor whose debt is soundly based in law has a reasonable chance of recovering their debt in a way that will not damage their reputation.
Legal Costs
We always keep an eye on legal costs when acting in debt recovery proceedings.
We will let our clients know if we think they might be throwing good money after bad. There is no point in obtaining judgment against someone who does not have any means to pay the judgment debt.
We advise our clients to the best of our ability, and then leave it up to them to decide how far to proceed. We do not encourage clients to take unnecessary risks in Court. If a client decides to go all the way – within the confines of the Law – we will be there for them.
Further assistance
For further assistance call Dominic Wilson, Managing Partner of Craddock Murray Neumann, on (02) 8268 4000.
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Craddock Murray Neumann Lawyers
This article provides a summary overview of the main provisions of the Retail Leases Act (NSW) 1994 as they apply to commercial retail tenants and landlords.
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This article considers the legal basics of getting a small business loan. For this discussion, it will be assumed that the loan is to either start a new business or to buy an existing one. A business loan should also be distinguished from a "line of credit" or an "overdraft", which are generally used to address liquidity issues for an existing business.
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Since 1 January 2011, all Australian businesses have been operating under a new, national consumer law. The Trade Practices Act 1974 (Cth) has been renamed the Competition and Consumer Act 2010 (Cth). Schedule 2 of that statute sets out the new Australian Consumer Law (ACL). The ACL replaced provisions in 20 national, state and territorial consumer laws dealing with the obligations of business and the rights of consumers when selling goods and services. There is now a single, national set of rules.
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Litigation is an unpleasant and stressful experience for a small business to go through. Most small business owners prefer to focus on what actually makes their business grow and operate, rather than dwelling on past mistakes or analysing small administrative details. Unfortunately, being sued can often be about very little details that happened in the heat of the moment.
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Claiming your piece of the ‘Australian Dream’ is becoming harder and, with more at stake than ever, buyers should be aware that it will not be always easy nor problem free. Your best defence in keeping the dream from becoming a nightmare is to simply arm yourself with the best possible information and advice.
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This article considers how you can close your company. There are two ways of doing this, applying to the Australian Securities and Investments Commission (ASIC) to voluntarily deregister the company; or a members' voluntary "winding up" (closing down) of a solvent company.
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Craddock Murray Neumann Lawyers
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Craddock Murray Neumann Lawyers
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Craddock Murray Neumann Lawyers
Information and basic questions and answers.
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Craddock Murray Neumann Lawyers
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Craddock Murray Neumann Lawyers
Small Business Minister Dr Craig Emerson has announced that the government will consider two new measures to simplify small business taxation and reduce small business compliance costs.
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Craddock Murray Neumann Lawyers
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Craddock Murray Neumann Lawyers
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Craddock Murray Neumann Lawyers
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In July 2010, the Australian Securities and Investments Commission (ASIC) will assume responsibility for regulation of consumer credit under the National Consumer Credit Protection Act 2009 (Cth) (NCCPA). This initiative removes the States' jurisdiction over consumer credit and attempts to create a licensing system that broadly mirrors similar ASIC licensing regimes (such as Australian financial services licences).
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Craddock Murray Neumann Lawyers
Federal Small Business Minister, Craig Emerson, says a review by the NSW Government that could result in the removal of unnecessary occupational licences would make the State more attractive to qualified people from interstate.
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Recent events regarding the abuse of privacy in the UK, namely the News of the World scandal and its subsequent closure, have prompted a wider debate about privacy and privacy legislation in Australia. To date, The Privacy Act exempts businesses with an annual turnover of $3 million or less. Telecommunications service providers, however, do have obligations under the Telecommunications Act, with regards to the use and disclosure of information, but this does not address issues such as collection and storage of personal information. In general, small businesses, are exempt.
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Recent events regarding the abuse of privacy in the UK, namely the News of the World scandal and its subsequent closure, have prompted a wider debate about privacy and privacy legislation in Australia. To date, The Privacy Act exempts businesses with an annual turnover of $3 million or less. Telecommunications service providers, however, do have obligations under the Telecommunications Act, with regards to the use and disclosure of information, but this does not address issues such as collection and storage of personal information. In general, small businesses, are exempt.
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Craddock Murray Neumann Lawyers
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Craddock Murray Neumann Lawyers
The general rule is that everyone should be able to enforce their rights in the Courts – poverty should be no bar to justice.
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Craddock Murray Neumann Lawyers
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Craddock Murray Neumann Lawyers
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Craddock Murray Neumann Lawyers
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Craddock Murray Neumann Lawyers
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Craddock Murray Neumann Lawyers
Each lot owner in a strata plan is required to pay levies (usually due quarterly) which make up the administrative fund and sinking fund of the strata scheme.
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Craddock Murray Neumann Lawyers
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Khaled Metlej
Jireh International Pty Ltd v Western Export Services [2011] NSWCA 137.
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Craddock Murray Neumann Lawyers
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Predatory pricing is unlawful under s 46(1) of the Trade Practices Act 1974. This prohibits businesses that have substantial market power from using that power to eliminate or damage a competitor. It also prohibits preventing a person from entering a market, or deterring or preventing a person from engaging in competitive conduct in a market.
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Craddock Murray Neumann Lawyers
A brief list of advantages and disadvantages for both Debtors and Creditors.
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For most small businesses, contracts are part of everyday life. Whether selling goods, purchasing materials, employing staff, negotiating and signing on arrangements with customers, clients and providers, it is important to understand contracts and their implications for establishing best practice and solid business agreements. It is imperative to become familiar with the essentials of contracts, and to consult your solicitor before signing anything.
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People often think of debt collectors as professional bullies or “stand-over” men who break debtor’s arms to make them pay.
Whilst these methods might occasionally be effective, they are usually highly illegal, and no self-respecting business would ever want to be associated with these sorts of tactics.
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