Otherwise known as a Mareva injunction or asset-preserving order, a freezing order is a court order that prevents a person or company from disposing of, dealing with, or reducing their assets while legal proceedings are on foot, or before you can enforce a judgment already obtained. Courts often grant freezing orders ex parte, without the...Read More

Court proceedings can be a lengthy and expensive process. What happens when the party you seek relief from continues to breach a promise with you or the law? In these circumstances, where someone is doing or is about to do something that may cause harm, an injunction is a useful mechanism that may be available...Read More

If you have received an NCAT application and you are the respondent, you should attend to it immediately.  This guide is written for the respondent in the Consumer and Commercial Division. This includes a business owner, company, or individual defending an NCAT claim. It sets out the steps you should take, possible liabilities, and risk management.  If you have just been served and the hearing date is close,...Read More

When a commercial dispute arises, the first instinct is often to ask: can we sue? A better first question is: where should the dispute be heard? In New South Wales, some business-related disputes can be dealt with in the NSW Civil and Administrative Tribunal (NCAT). Other disputes need to be filed in a court, such...Read More

The Security of Payment Act 1999 (NSW) also known as SOPA provides a fast, enforceable legal process for resolving payment issues in the building and construction industry. It allows contractors, subcontractors, and suppliers to claim progress payments and recover unpaid amounts without going to court. While commonly associated with commercial projects, Payment Act now applies...Read More

“Breach of contract” sounds like a single, simple legal concept. In practice, it covers an enormous range of situations, including, but not limited to, a supplier who stops delivering, a business partner who walks away from an agreement, a buyer who refuses to settle, a builder who abandons a job halfway through, a former employee who breaches...Read More

Understanding Garnishee Orders in Australia Receiving a garnishee order in Australia is often a sign that a debt matter has escalated, usually after a judgement has been obtained. As economic pressures continue, creditors are making greater use of garnishee orders to recover unpaid debts. Our debt recovery lawyers act for creditors in garnishee order applications...Read More

After you’ve won a court case and have received a favourable judgment, but the other side is yet to pay. What do you do? This is actually quite common in NSW. The losing party is required to pay or act on the court’s requests. This is where debt recovery through legal action comes in.  This...Read More

What Is Tendency Evidence Under the Evidence Act NSW? Tendency evidence is evidence used to suggest that, because of a person’s character, reputation, or past conduct, they were more likely to have acted in a particular way or had a particular state of mind on the occasion in question. As a general rule, this evidence...Read More

What to Do When Your Business Faces Defamation? Business defamation can devastate your company’s reputation and bottom line when false and damaging statements spread about your enterprise. Discovering that someone has made false and damaging statements about your business can be overwhelming. Whether it’s a malicious online review, social media post, or comments to your...Read More