by Guthrie Colananni Attorneys | Dec 1, 2020 | Business, Debt Recovery, Property
“Neither a borrower nor a lender be For loan oft loses both itself and friend” (Shakespeare) It seems logical that the very strong consumer protections in the NCA (National Credit Act) are designed for commercial situations in which credit is advanced by...
by Guthrie Colananni Attorneys | Dec 1, 2020 | Debt Recovery, Family Law, Insolvency / Liquidation
“To my mind the best proof of solvency is that a man should pay his debts” (quoted in the judgment below) If you are owed maintenance you have a variety of enforcement options open to you and should ask your lawyer for advice on which is the best for your particular...
by Guthrie Colananni Attorneys | Dec 1, 2020 | Debt Recovery, Insolvency / Liquidation, Litigation, Property
“…aye, there’s the rub” (Shakespeare) Levies are the lifeblood of a sectional title scheme, and the Body Corporate has a duty to recover arrears from defaulting owners. It has the power, in addition to following standard debt collection procedures and perhaps...
by Guthrie Colananni Attorneys | Dec 1, 2020 | Credit Law, Debt Recovery, Litigation
“…prescription started its deadly trudge on the day the loan at issue in these proceedings was advanced” (extract from judgment below) You will know that most debts prescribe (become unclaimable) after 3 years, so as a creditor you need to know exactly when it starts...
by Guthrie Colananni Attorneys | Dec 1, 2020 | Debt Recovery, Insolvency / Liquidation, Litigation, Trusts
Your debtor owes you a fortune, but when his estate is sequestrated there is nothing in his own name. However you find out that he is trustee of a wealthy family trust with lots of assets that you think are really his – can you recover from his trust? The answer is...
