MSD Law

17/12/2022

Sports Law "is a thing"!!

Injury, integrity, technology and TV deals are just some of the areas for a new generation of sports lawyers.

13/06/2022

Volunteers are the backbone of the community sports society.
To be published in a worldwide magazine by a well respected coach and author on my experiences as an Administrator is a great way to share the sport with many.
Thank you for the opportunity Anthony Stone

SPECIAL EDITION JUNE 2022 BACK TO THE BASICS: GRIDIRON FOOTBALL MAGAZINE BEYOND THE FIELD -- INTERNATIONAL EDITION Annual Interactive Digital Magazine GRIDIRON FOOTBALL Connect with Coaches from all over the world and learn how they BRING IT on the field: Flag > TackleBarTM > Tackle TIPS AND TRICKS....

18/05/2022

Great to see MSD Law client Bioaction Pty Ltd being supported by the local member Emma McBride MP

13/05/2022

The corporate veil does not keep immune the director from incurring personal liability.
If you need advice please call us

The ATO’s threat of an imminent penalty notice has resulted in inquiries running hot at insolvency specialists. A warning shot at thousands of directors with company debts has found its mark accor

12/05/2022

Great to get along to the GEBC event yesterday and hear Sarah Winter advise us all on the jobs and economic strategy for the Central Coast.

27/04/2022

27 April 2022 marks the first anniversary of MSD Law.
The past year has certainly been a steep learning curve to blend the practice of law into the running of a business but after 12 months, we are still moving forward and kicking goals.
Thank you to our valued clients and referrers and we look forward to another 12 months of steady growth in the legal community.

26/04/2022

Always good to resolve a claim made against a client for him, especially a client who is suffering from chronic and debilitating health issues.
Even better when that help is truly appreciated with the response received from the client when confirming the proceedings have been dismissed:
"Thank you very much for the help. I appreciate how easy you made this for us".
Onwards and Upwards!!

10/02/2022

Great to be able to attend the first function for the Gosford Erina Business Chamber for 2022 where the plans for the rising of CC Council from its financial disaster were voiced by it CEO David Farmer.

Good to see some familiar faces and get acquainted with new people moving and shaking the area.

31/12/2021

Happy New Year one and all.
We hope 2022 is good to you and your family

23/12/2021

We hope you all have a Merry Christmas and look forward to building strong relationships with quality people in the year ahead

16/12/2021

Collection of debts a problem?
Talk to a lawyer who has the X-Factor to get it done for you.
Call us today

Debt not Paid – What’s Next?
A Letter of Demand has been sent and no payment has been received. The debt due looms larger and larger in your ledger and you know the older it gets, the harder it is to collect.
So, what’s next?
Your terms and conditions of sale could dictate what to do next. You may have a clause that requires mediation, have a clause that allows you to register a security interest against property or you may also hold personal guarantees from persons you can press for payment. These actions may eventually collect your debt but the road can be a rocky one depending on the structure of your terms and the assets available for collection.
Alternatively, you may not have terms and conditions that you can rely upon but you still have a debt to collect.
The most common form of debt collection is the issue of a Statement of Claim in the State Courts. In New South Wales the Local Court is the forum for the issue of proceedings on debts up to $100,000. Over $100,000 and we head to the District Court. Overarching the lower Courts is the Supreme Court which has available to it many remedies it can order – but which one suits your needs?
To commence proceedings the creditor, in the Court known as the plaintiff, drafts and files a Statement of Claim which pleads the facts of the case and why monies are owed to him/her/it by the defendant. Filing fees are of course required to file the Statement of Claim at the Court. The Statement of Claim is then served upon the defendant who has 28 days after service to respond by paying the debt, disputing the debt and filing a Defence or negotiating a settlement. The defendant may simply do nothing and in such cases, the creditor can make an application to the Court for judgment and upon entry of the judgment, actions to enforce the judgment can be taken through the Court.
If the defendant is a company, then an alternative to the issue of a Statement of Claim is in the Corporations Act 2001 (Cth) which provides that a demand can be served upon the defendant at its registered office giving it 21 days to respond, failing which the company is then presumed to be insolvent. Based upon that presumption of insolvency, the creditor can then make an application to the Court for the company to be wound up and a liquidator appointed.
The actions in the Court are not as simple as completing a form and sending it off. The variations to the above can be many and varied and too numerous to go into here. Discussing courses of action with your lawyer can be beneficial to ensure you start on the correct path and avoid common pitfalls experienced by many which can lead to unnecessary costs and delays being incurred. Lawyers themselves with limited experience in debt recovery can also hinder your path the recovery, so you should seek out a lawyer who knows the ropes and does not just have debt recovery as a list of things they do on their website.
Need real help collecting debts? Call us today.

08/12/2021

If you missed our Newsletter MSD Musings for Summer 21/22, see below.
If you would like to receive a PDF copy of the Newsletter to follow the links or to have it emailed to you when issued each quarter, send your email address to [email protected]