Debt Recovery

debt-recovery-lawyerSMP Legal has  a diverse and expanding practice which delivers quality legal services in debt recovery, bankruptcy and insolvency law.   Our team of senior litigators can provide sound, practical advice on potential remedies, the costs and the risks involved in protecting your legal rights.

Debt recovery

As a provider of debt collection services to major corporations, insurers, government departments, company liquidators, bankruptcy trustees and private litigants, we have conducted thousands of matters in the Local, District, Supreme and Federal Courts and numerous bankruptcy and company liquidation actions – from relatively simple debt recovery matters through to complex money claims arising from building disputes, taxation liabilities,  insurance premium disputes, consumer law claims, money-lending transactions, claims for work done, damages claims etc.

Bankruptcy and Insolvency

In addition to our extensive debt recovery practice we also provide expert advice to people and organisations regarding bankruptcy and insolvency. We have significant experience in this field of law and have acted in numerous matters for debtors and for creditors.

Our services include:

  • obtaining default judgments
  • conducting defended hearings
  • covering costs
  • drafting and enforcing
    • deeds of release,
    • security documentation, e.g. mortgages, guarantees, fixed and floating charges
  • enforcing judgments (writs, garnishees, examinations, instalment orders etc)
  • litigation over guarantees, mortgages, charges, property interests
  • insolvency law:
    • company winding up
    • bankruptcy
    • post-liquidation/bankruptcy actions e.g. creditor’s meetings, voting, proofs of debt, examination of bankrupts and company officers
    • making and defending claims for “clawing back” assets, preferences, void dispositions and insolvent transactions ASIC investigations
    • recovery of assets
    • setting aside voidable transactions
    • acting for liquidators and trustees in relation to examinations of directors and bankrupts
  • if you are in business or are facing creditors, advising you on your risks and liabilities;
  • litigation over breaches of directors duties
  • Trade Practices and Fair Trading Acts claims
  • Industrial Relations Act matters including re-writing unfair contracts
  • Negotiated settlements/mediations.