Legal Articles
A Debt Doesn’t Entitle You to Lodge a Caveat
October 4th, 2012 by | Conveyancing, Court Disputes, Debt Collection, Finance & Securities, Property & Leases
The fact that a debtor who owes you money owns land is a good thing but beware of lodging a caveat when you’re not entitled to do so. A simple debt does not constitute a ‘caveatable interest‘ in land. The main situation where a caveat is apt arises when there is a contract to… Read more »
Time Limits Apply to Most Legal Actions!
September 12th, 2012 by | Court Disputes, Debt Collection, Injury Compensation Claims, Wills & Estate Planning
You should be aware that there are time limits on certain Court actions. If you fall outside those time limits, your ability to pursue a remedy in Court may be lost (‘statute barred’). Examples of certain claims and the time limits that apply in South Australia: Breach of contract: 6 years after the date of… Read more »
How to Secure Payment of a Judgement Debt
September 11th, 2012 by | Court Disputes, Debt Collection, Finance & Securities
So you have finally got a judgment against a person for the sum of money that he owes you. The next step is to actually realise the money and often that can take time. The Problem: Say that while you negotiate a payment plan for your judgment sum to be paid to you, the debtor… Read more »
Judicial Bias
September 6th, 2012 by | Court Disputes
What if you are involved in a court case and get a sinking feeling the Judge is against you? For example, the Judge gives a ruling in favour of a company on the other side, where he or she has thousands of shares in that company? Or he is married to that company director’s sister. … Read more »
How to “Bullet-Proof” Your Guarantee & Indemnity
August 22nd, 2012 by | Business Sale & Purchase, Commercial Transactions, Debt Collection, Finance & Securities, Property & Leases
What can go Wrong? A landlord owned prime commercial premises that were leased to company B, the branch of a national retail chain, and payment of the rent was guaranteed by company C. B transferred the lease to another company; both went bust. C didn’t have to pay the lost rent because the Guarantee only… Read more »
