Business & Commercial Lawyers – Debt Recovery & Disputes
We help businesses recover debts, respond to statutory demands, and resolve commercial disputes quickly and efficiently.
Statutory demands (creditor & debtor)
Bankruptcy applications & defence
Insolvency Agreement advice
Commercial dispute resolution
How we assist
We act for businesses across Victoria in debt recovery, insolvency and commercial disputes. Our approach is practical, cost-focused and designed to achieve outcomes quickly.
Fixed fee stages available
Fast turnaround (e.g. LOD and statutory demands prepared within 24–48 hours)
Clear advice on prospects
Debt Recovery
Unpaid debts can place real pressure on your cash flow, especially where payment has been delayed, avoided, or disputed. We aim to make the debt recovery process clear, practical, and cost-effective by explaining your options in plain language and helping you take the right steps to recover what you are owed.
Letters of demand
A well-drafted letter of demand can often resolve a debt without the need for court proceedings. We can prepare a formal demand setting out the amount owed, the basis of the debt, and the consequences if payment is not made.
Court proceedings
If the debt is not paid, we can assist with issuing court proceedings, including claims in the Magistrates’ Court of Victoria. We can prepare the necessary documents, file the claim, arrange service, and guide you through the process.
Default judgment
Where a debtor fails to respond to a court claim within the required time, you may be able to apply for default judgment. This can turn an unpaid debt into an enforceable court judgment.
Enforcement options
Obtaining judgment is not always the end of the matter. We can advise you on enforcement options, including instalment orders, attachment of earnings, attachment of debts, warrants to seize property, oral examination summonses, and other steps depending on the debtor’s circumstances.
Statutory Demands
Drafting and issuing demands
Responding to demands
Setting aside applications
Prepared in 24 hours
Appointments via phone or video
From $440.
Bankruptcy & Insolvency
Bankruptcy notices
Creditor petitions
Defence of bankruptcy proceedings
Part IX agreement advice: Debt Agreement
Part X agreement advice: Personal Insolvency Agreement (PIA)
Commercial Disputes
Breach of contract
Business disputes
Settlement negotiations
Frequently Asked Questions
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Timeframes vary depending on the debtor’s response. A letter of demand usually allows 7–14 days for payment. If court proceedings are required, matters in the Magistrates’ Court can take several weeks to months. If the debtor does not respond, default judgment can often be obtained within a few weeks.
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If there is no response, the next step is usually to commence court proceedings. This involves filing an originating process (complaint or statement of claim) and serving it on the debtor. If they still do not respond, you may be able to apply for default judgment.
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n many cases, you may recover part of your legal costs, particularly if court proceedings are issued and you are successful. However, recovery is usually limited to scale costs rather than your full legal fees.
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A statutory demand is a formal demand for payment issued under the Corporations Act to a company. If the company does not comply within 21 days, it is presumed to be insolvent, which can lead to winding up proceedings.
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You must act quickly. A statutory demand can only be set aside within 21 days of service. If you have a genuine dispute or offsetting claim, you may be able to apply to the Court to have it set aside
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If you obtain judgment, enforcement options may include:
Warrant to seize and sell property
Attachment of earnings (garnishee orders)
Summons for oral examination
The appropriate option depends on the debtor’s financial position.
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No. While a written contract strengthens your position, debts can still be recovered based on invoices, emails, conduct, or oral agreements. The key issue is whether you can prove the debt is owed.
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Costs depend on the stage of the matter. Many firms offer fixed fees for key stages such as letters of demand, court proceedings, and enforcement. We provide clear, upfront pricing so you know the cost before proceeding.
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This depends on the amount owed and the debtor’s ability to pay. Before taking action, it is important to assess the commercial viability of recovery, including the likelihood of enforcement if judgment is obtained.