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Stratos Legal

Locality: Brisbane City

Phone: +61 7 3152 4444



Address: L5 444 Queen Street 4000 Brisbane City, QLD, Australia

Website: http://stratoslegal.com.au

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25.01.2022 If youre in the business of taking security against real property, youll be all too familiar with the process of registering mortgages or lodging caveats on the basis of a charging clause or an unregistered mortgage.



25.01.2022 Where there is a dispute over property a caveat can be lodged to restrict other parties from dealing with the property. It is essential that the party registering the caveat have a direct interest in the property. Equally, the grounds claimed for lodging a caveat must be of a type recognized by the courts.

25.01.2022 Two pre-insolvency advisers plead guilty to money laundering. A classic example of what happens when you let unqualified, non-vetted people tamper with your affairs. You wouldnt let an unqualified electrician near your house but...

25.01.2022 Whether youre selling products or services, your T&Cs, Conditions of Sale, Terms of Trade should clearly describe what youre doing and set expectations as to when youll do it and on what terms. Over time, your product suite and service offerings are likely to be enhanced and updated. You may make modifications here and there, add new items and remove others.



24.01.2022 Every year for the last several years the Christmas period has seen a joyous time for many soured by the collapse of a major builder or two. Its a tale of woe that many of us in the insolvency space hear every year.

23.01.2022 For a fixed fee legal consultation if you are in Queensland use Messenger and Bruce Pasetti will respond. Review a lease Get debts secured Understand trading options ... Need to consider closing down? Personal Guarantee binding? Get Solid Advice from people with experience.

22.01.2022 When someone wants to make a civil claim against someone the question of interest always arises. You cannot just pick your own rate of interest and add it to the claim. Essentially, you need a contract or law that gives you a reference point for claiming interest. 1.



22.01.2022 Mackay Goodwin Liquidators Panel Discussion. Lots of tips on the good bad and the ugly of dealing with a financially troubled business.

20.01.2022 Part and parcel of being advisers in insolvency matters is dealing with unpaid accountants. It is surprising the number of accountants who do not have properly formed engagement documents. Without a proper letter of engagement the accountant can be left as another unsecured creditor with limited rights to claim a lien over files.

20.01.2022 Solid Advice Newsletter for December 2018 is out now

18.01.2022 Dont put money into your business without security. Think like a bank

17.01.2022 Below is a post reproduced with the kind permission of our good friend, and skilled adviser, Stuart Craig from 888x. I would like to share with you case study #7 which is a follow on from Transport Distress case study #1. This case study #7 relates to a supplier of the company in liquidation pursuing the director for a purported personal guarantee and lodging a cavaet on the directors house.



14.01.2022 Where a voluntary administrator is appointed after a winding up application is filed and the matter is contested the Court will often be faced with a decision as to let the incumbent administrator continue as liquidator or appoint the creditors preferred choice. This West Australian case is the most recent decision on point in favour of the applicants choice. Paragraph 22 for those in a hurry.

12.01.2022 An all too often scenario sees a couple owning a house as joint tenants when bankruptcy confronts one of them. The law is that a bankrupts share in the house vests with the trustee in bankruptcy. In basic terms the bankrupts share in the house no longer belongs to them it belongs to the trustee even if the trustee has not immediately taken steps to put themselves on the title.

12.01.2022 Relax. Subcontractors can still become secured creditors and protect their hard earned. The Subcontractor Charges Act can now be found in chapter 4 of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIFA).... It is more or less the same process as before. Time limits and attention to technical detail remain very important.

10.01.2022 Options: From the date you receive the statutory demand you have 21 days to respond to it by: a. Paying the debt; b. Reaching some resolution with the creditor; or c. Bringing an application to set aside the statutory demand.... Preliminary steps: 1. You should firstly confirm the date the statutory demand was received and determine how long you have to act. See more

09.01.2022 Don't put money into your business without security. Think like a bank

07.01.2022 Our Legal Practice Director presented to the Institute of Public Accountants this week on the Queensland Building and Construction industry. What do you talk to accountants about? dates and numbers, of course. Bruce explained the current legislation that applies and then listed out the critical dates and time frames for everything from the Minimum Financial Requirements notifications to how lon

06.01.2022 Construction Industry Following up my post last week - the RCR collapse is going to have a flow on effect. Subcontractors - you must factor in the cost of legal advice to your business. Budget something a month as a percentage of turnover and build that into your pricing. It is inevitable you will need it one day and dont tell yourself the job wont sustain it. Doing work for nothing is 100% unsustainable.

04.01.2022 This is part of an occasional series of articles concerning personal guarantees. Typically, a company opens up an account with a supplier and the directors sign something to say that if the company does not pay then the directors will do so personally. Like so much in business it can get complicated and if there are thousands at stake legal advice is worthwhile.

04.01.2022 Its commonplace in business to find yourself experiencing cash flow problems or dealing with debtors who are. Perhaps the tardiness of your debtors is preventing you from paying your own creditors on time? Whether you are the debtor or the creditor in scenario will ordinarily determine whether you would benefit from formalising a payment arrangement or settlement.

03.01.2022 Whether you're selling products or services, your T&Cs, Conditions of Sale, Terms of Trade should clearly describe what you're doing and set expectations as to when you'll do it and on what terms. Over time, your product suite and service offerings are likely to be enhanced and updated. You may make modifications here and there, add new items and remove others.

03.01.2022 The wheels of justice finally caught up with these two. Former pre-insolvency adviser Stephen ONeill has been sentenced at Brisbane District Court to five years in prison with a non-parole period of 22 months, after pleading guilty to one charge of dealing in the proceeds of crime.

03.01.2022 The wheels of justice finally caught up with these two. Former pre-insolvency adviser Stephen O’Neill has been sentenced at Brisbane District Court to five years in prison with a non-parole period of 22 months, after pleading guilty to one charge of dealing in the proceeds of crime.

03.01.2022 If you have a company you must also have a Registered Office. This is a physical address that is listed with ASIC that anyone who needs to serve documents on the company can rely upon. It cannot be a Post Office Box- which can immediately cause trouble for some. It is not optional- you must have one and it is up to you to keep it current.

02.01.2022 The list comes straight out of ASIC v Plymin, Elliott & Harrison 21 ACLC 700 and has been quoted a further 29 times in subsequent cases and is the checklist that almost every liquidator goes off. 1. Continuing losses. 2. Liquidity ratios below 1.... 3. Overdue Commonwealth and State taxes. 4. Poor relationship with present Bank, including inability to borrow further funds. 5.

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