Debt Recovery and Insolvency

Hemming+Hart's Debt Recovery and Insolvency group specialises in providing a broad range of debt recovery and insolvency legal services to clients.

Our clients include a variety of listed and private companies, external collection agencies, mining services providers, industrial equipment importers and manufacturers, petroleum suppliers, builders and subcontractors and insolvency practitioners.

We are proud to offer you a comprehensive Debt Recovery and Insolvency service through our specialist unit, HemLaw Recovery. To find out how you can recover your debts quickly, efficiently and cost effectively visit www.hemlawrecovery.com.au.

Expertise

We are able to provide the following legal services:

• issuing creditor’s statutory demands and winding up companies for non-compliance with the statutory demand;
• applications on behalf of debtor companies to set aside creditor’s statutory demands;
• commencing or defending debt recovery legal proceedings in all State and Federal jurisdictions;
• enforcement of Queensland and interstate judgments against individuals and corporations, including bankrupting individuals, winding up companies, conduct of enforcement hearings and issuing warrants for redirection of debts and sale and seizure of property and lodging caveats;
• providing international debt recovery advice, including advice on jurisdiction, cross-border insolvency procedures and methods of recovery;
• providing advice to secured creditors on the Personal Property Securities Act 2009;
• resolving debt disputes though settlement negotiations, and execution of deeds of company arrangements and personal insolvency agreements;
• providing personal insolvency advice to individuals and creditors, including issuing bankruptcy notices, obtaining sequestration orders and liaising with trustees including reviewing decisions made by a trustee;
• providing advice to creditors, administrators and liquidators on voidable transactions (uncommercial transactions, preference payments and the like) and proofs of debt;
• prosecuting and defending uncommercial transaction claims by creditors and liquidators;
• pursuing actions against directors and creditors on behalf of insolvency practitioners;
• advising directors of companies in financial difficulty of their legal obligations and options;
• appointing receivers on behalf of secured creditors for the purpose of recovering debts;
• acting for mortgagees in possession in respect to the sale of real property; and
• obtaining freezing orders to preserve assets whilst debt recovery action is on foot.