Local, District and Supreme Court proceedings to recover debts, advice in relation to appointment of administrators, liquidators or receivers to debtor companies, bankruptcy proceedings for individuals, enforcement proceedings in relation to all forms of securities.
Surry Partners provides timely, practical advice to clients on recovery of debts and the defence of unjustified claims.
We have issued and defended scores of applications in the Supreme Court based on the provisions of the Corporations Act, which permit creditors to issue Creditors Statutory demands (CSD) and debtors to challenge on the grounds of the existence of a genuine dispute or an off-setting claim. The Supreme Court does not take kindly to creditors using the CSD process as a debt recovery mechanism, except where the debtors position is indefensible. Careful consideration is required because the costs and consequences can be painful.
An important consideration in this area of practice is to be pragmatic. You might win in Court, but can you be guaranteed of recovering your debt and your costs if the defendant has no or insufficient assets, or you end up winding up an unsecured creditor in a winding-up or bankruptcy.
Surry Partners can assist you to make the best choices.
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