Prime Lawyers was built on debt recovery and litigation. We act for big and small business working with and assisting credit managers and financial officers take control of their accounts receivable and debtors. Our Debt Recovery and Litigation Lawyers work hand in hand with mercantile and debt recovery agencies to provide an efficient and cost effective solution to recover debt and manage credit. From small claims, caveat and security advice, to District Court, Supreme Court and Federal Court work including bankruptcy and corporate winding up. In litigation we are experienced in acting for both plaintiffs and defendants in all Courts in New South Wales including appellate jurisdictions.
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Section 40 of the Bankruptcy Act 1966 sets out a number of different ways in which a person may commit an act of Bankruptcy. Only after an act of bankruptcy can a creditor petition the court for a sequestration order.
A company is insolvent if it is unable to pay its creditors as and when they fall due. A director of a company is responsible for it’s corporate governance, and is under a duty to prevent insolvent trading. Failure to do so can result in the director being personally and criminally liable.
Litigation is the result of one party exercising their legal rights in a Court of competent jurisdiction. Depending on the type of action the appropriate venue may be a Court, or a specialised tribunal. The monetary size of the claim will also determine the venue, with the Local Court hearing certain civil claims up to $100,000 and District Court $750,000. Finally, the remedy being sought will also have a bearing on the venue, with certain Court’s such as the Supreme Court of New South Wales having the necessary power to dispense equitable and declaratory relief.
Prime Lawyers is built on the relationships we develop with our clients. Central to our growth has been our relationships with mercantile and debt collection agencies.
Civil claims under the amount of $10,000 are filed in the Small Claims Division of the Local Court of New South Wales. The conduct of those claims is governed by the Local Court Act 2007, the practice notes issued under the Act and the Local Court Rules 2009.
The Strata Schemes Management Act 1996 requires the Owners Corporation in a Strata Scheme to maintain an Administration Fund, and save for limited exceptions, a Sinking Fund.
I was impressed by the advice I was given. It was concise, easy to understand and would achieve my legal outcome in my favour.
Recovering money through the Court requires an understanding of the law both in practice and theory. By understanding the history and facts of your case, the law and your end goal we are able to provide you with the various options open to you, weighing up the costs, risks and time involved in each action.
Daniel Riedstra - Partner