We can help you get paid!

Chasing debtors without success?  

Reluctant to engage a debt recovery or mercantile agency? 

AH Lawyers can assist you to recover a commercial or personal debt. Whether it is a single  debt matter or a group of outstanding invoices, we are here to help.  

Letters of Demand 

We recommend starting your debt recovery matter with a letter of demand from our office.  A 7-day letter of demand from a lawyer’s office often gets a response from the debtor. 

For a typical commercial liquidated debt demand letter AH Lawyers charge a fixed fee of  $130.00 plus GST. Should the matter be complex (verbal agreements, etc.), our costs for the initial demand letter will vary between $250.00 and $500.00 plus GST.  

Any subsequent correspondence or negotiation of a payment settlement will be billed at our  hourly rates which range between $300.00 and $525.00 (plus GST) per hour. We will provide  our estimate of fees for the required works for your consideration prior to our office  undertaking any further action. 

Instalment Payment Plans  

The debtor may propose to make payment over time. AH Lawyers can negotiate and draft an  enforceable agreement with the debtor. Our office may monitor payment under the agreement, or you may choose to monitor the agreement and advise our office of any issue.  

No Payment? Time to Litigate  

If your debt recovery efforts and the letter of demand do not result in payment, the next step  is to commence court proceedings by way of statement of claim.  

For straightforward commercial liquidated debts under $50,000.00, AH Lawyers will prepare  the claim at the court fixed scale of costs amount plus disbursements (filing fee, search fees  and process server). The scale costs are included as part of the claim and are recoverable from  the debtor.  

The fixed scale of costs amount varies depending on the amount of the claim. AH Lawyers will  provide its estimate of fees prior to commencing any works on your behalf. 

Default Judgment 

Should the debtor fail to file a defence, default judgment may be obtained against them. Costs of preparing the application for default judgment is fixed in accordance with the court scale  which is recoverable from the defendant debtor.  

Enforcement of Judgment  

A judgment debt is automatically listed on the debtor’s credit record affecting the debtor’s  ability to obtain credit.  

Legislation provides the judgement creditor with the ability to discover the debtor’s financial  details including what assets the debtor owns.  

There are a number of court ordered ways to direct payment from the debtor – from the  redirection of earnings and the sale of assets to winding up or bankrupting the debtor.  

Defended Claims  

Should the debtor serve a Defence in response to the claim, AH Lawyers will provide you with  advice regarding your next steps and our estimated costs.  

Receipt of a Defence does not necessarily mean that the matter will proceed to trial as there  are opportunities for the parties to reach a commercial settlement throughout the matter.  

AH Lawyers can help you get what’s owed to you. Contact our office for an appointment with our Commercial Lawyers. 

Stay tuned for our next topic on lending money and entering into a loan agreement that  provides for security.

Loan agreements provide security to the lender.

• Are you considering lending a friend or family member money?
• Have you lent a friend or family member money?
• Perhaps you have helped (or will help) your child or family member purchase a home.

It is possible for you (the lender) to protect the loan amount by entering a loan agreement that provides for security, such as a mortgage, in favour of the lender.

Entering a secured loan agreement provides peace of mind for both the lender and the borrower as they agree to the terms of the loan in writing (avoiding future disputes).

Furthermore, the lender can reduce their risk by registering security for the loan amount against the borrower’s property (home, boat, etc).

Security, such as a mortgage, provides the lender with the right to sell the borrower’s
property should the borrower default on the loan.

AH Lawyers would be pleased to assist you with your loan agreement and security options. We can also assist with the registration of security on your behalf. Please contact our office for your free half hour initial consultation.

Yes, the divorce application may be declined for the following reasons:

• Failure to adhere to the legislated requirements for a divorce (such as the separation period).  Please see our articles regarding divorce application requirements; or

• Failing to address arrangement for the care of the children of the marriage under the age of eighteen (18).

Children under the age of eighteen

The court may decline to grant a divorce until the parents finalise arrangements for the care of the children under the age of eighteen (18).

Before granting a divorce, the Family Law Act (1975) requires that a court be satisfied that:

• proper arrangements in all the circumstances have been made for the care, welfare and development of the children of the marriage; or

• there are circumstances supporting that a divorce be granted, even though the court is not satisfied that such arrangements have been made. 

To satisfy the court, the divorce applications must address issues regarding the children such as:  

• the adults caring for or living with the child;

• the relationship and time spent between the child and an absent parent;  

• the arrangements for the child’s financial support and maintenance;

• the child’s health, current and future education; and

• supervision arrangements (child minding, etc.).

If the divorce application is unsatisfactory to the court, the application will be declined.

What can be done to avoid the court declining the divorce application?

Parents are encouraged to reach an agreement regarding the care and maintenance of the children of the marriage prior to filing an application for divorce.  A parenting agreement can be evidenced by the parents signing a Parenting Plan or obtaining consent orders from the court. 

AH Lawyers would be pleased to assist you with your divorce application and family law matters.  Please contact our office for your free half hour initial consultation. 

I wasn’t married in Australia. Can I get divorced in Australia?

I got married in Australia but I do not live in Australia. Do I get divorced in Australia?

It is not uncommon to have a destination wedding or perhaps you or your spouse migrated to Australia after you were married. The Family Law Act 1975 (Cth) provides for these situations by requiring a party to the marriage have sufficient connection to Australia in order to obtain a divorce in Australia. 

What is Sufficient Connection to Australia?

In order to for a divorce to be granted, the divorce application must establish that at least one party to the marriage is:

• an Australian citizen; or
• domiciled (permanently living) in Australia; or
• an ordinarily resident in Australia and has been residing in Australia for at least one year prior to filing the application for divorce. 

If the above is established, then the application for divorce may proceed in Australia. 

Further requirements for divorce required under the Family Law Act 1975 must also be met. Please see our articles regarding divorce applications. 

AH Lawyers would be pleased to assist you with your divorce application and family law matters.  Please contact our office for your free half hour initial consultation.