The latest in credit law

Avoiding and resolving disputed claims.

Disputed claims are time consuming and costly to business. Unless resolved, disputed claims also undermine the effectiveness of trade credit insurance cover. The presenta…

Articles

Important win for creditors defending unfair preference claims

The ‘PPSA defence’ has, in recent times, become a very valuable tool used by creditors to defend unfair preference claims. The Supreme Court of South Australia recently overtu…

Hirers and lessors beware

KEEP UP OR RISK YOUR GOODS AND SECURITIES SLIPPING THROUGH YOUR HANDS. While your contracts may be watertight in today's legal environment, unless you make changes before the Pers…

Personal guarantees gone wrong

A well executed personal guarantee can be the holy grail of debt recovery tools, but one overlooked detail can bring the whole thing to its knees. It is surprising the number of…
View all 8 articles in Articles

Case Studies

Ownership dispute over abandoned chattels

The Results Legal team was recently engaged to assist one of our banking clients seize and sell land subject to first registered mortgage security. A shipping container filled w…

Minority creditor terminates director friendly voluntary administration

After pursuing a long and hard fought Supreme Court claim, our client obtained judgment for an amount of $1.64 million.  Shortly thereafter, the defendant company was placed into …

Removal of squatter from property seized from deceased estate

Secured recovery actions can often involve complex and contentious situations which require attention a focus on risk management. This was evidenced in one particular matter whe…
View all 11 articles in Case Studies

Commercial Disputes

Mining dispute successfully resolved

Our client, a large heavy equipment supplier, sold several used items of mining equipment for use at a mine site which required commissioning.  A separate contract was also entere…

Personal guarantees gone wrong

A well executed personal guarantee can be the holy grail of debt recovery tools, but one overlooked detail can bring the whole thing to its knees. It is surprising the number of…

Expanded rights for retention of title creditors

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View all 6 articles in Commercial Disputes

Factsheets

Unfair Contracts

Unfair contract term provisions currently in place for consumers will be extended to cover "small businesses" in amendments going live on 12 November 2016. If your company trade…

Resolving Disputed Claims

No matter how good a business's systems and processes are, from time to time disputed claims are likely to arise. Disputed claims are high risk. In addition to the principal deb…

Avoiding Disputes

Disputed money claims can be a real source of pain for credit providers - whether trade creditors or financiers. Not only do they result in a higher chance of write off, they us…
View all 3 articles in Factsheets

Insolvency

Minority creditor terminates director friendly voluntary administration

After pursuing a long and hard fought Supreme Court claim, our client obtained judgment for an amount of $1.64 million.  Shortly thereafter, the defendant company was placed into …

Asset realisation in complex insolvency estate

In 2014, Results Legal was instructed by the trustee in Bankruptcy of former horse racing and breeding magnate, Lee James Fleming, who had previously run a horse stud in southern V…

Important win for creditors defending unfair preference claims

The ‘PPSA defence’ has, in recent times, become a very valuable tool used by creditors to defend unfair preference claims. The Supreme Court of South Australia recently overtu…
View all 14 articles in Insolvency

Legal Recovery

Personal guarantees gone wrong

A well executed personal guarantee can be the holy grail of debt recovery tools, but one overlooked detail can bring the whole thing to its knees. It is surprising the number of…

Receivership/Administration/Liquidation. What’s the difference and how does it affect creditors?

The appointment of an insolvency practitioner to a debtor usually strikes fear into the hearts of creditors, as it is considered to mark the death of the company with zero return o…

5 technology tools to enhance your legal debt recovery actions

The job of your outsourced legal provider is to get you results and make your life easier. Living in a digital age, clients have a right to expect that their legal team will…
View all 6 articles in Legal Recovery

PPSA

Hirers and lessors beware

KEEP UP OR RISK YOUR GOODS AND SECURITIES SLIPPING THROUGH YOUR HANDS. While your contracts may be watertight in today's legal environment, unless you make changes before the Pers…

Retention of title – weaknesses and reforms

Will your safety net catch you or tear apart when tested? While an effective RoT clause can be your saving grace if you are unfortunate enough to deal with defaulting and/or ins…

WOW Sight & Sound – first PPSA test case

The liquidation of WOW Sight & Sound was the first high-profile receiverships with significant PPSA consequences. The company went into receivership less than a month after the…
View all 4 articles in PPSA

Preference Defences

Important win for creditors defending unfair preference claims

The ‘PPSA defence’ has, in recent times, become a very valuable tool used by creditors to defend unfair preference claims. The Supreme Court of South Australia recently overtu…

Court permits a set-off against a liquidator’s unfair preference claim for unpaid debt

In a significant win for creditors, the District Court of Queensland recently applied a set off for unpaid debts owed to a creditor against a liquidator’s claim to recover sums a…
View all 2 articles in Preference Defences

Secured Recovery

Ownership dispute over abandoned chattels

The Results Legal team was recently engaged to assist one of our banking clients seize and sell land subject to first registered mortgage security. A shipping container filled w…

Removal of squatter from property seized from deceased estate

Secured recovery actions can often involve complex and contentious situations which require attention a focus on risk management. This was evidenced in one particular matter whe…
View all 2 articles in Secured Recovery