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Rose Litigation Lawyers

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Enforcement Options Post Judgment: What Comes Next after Default Judgment?

18 Jun 2025 Author: Emma Alford

Receiving any type of judgment by the Court in your favour in a debt recovery matter is a significant milestone—but unfortunately, it doesn’t always mean immediate payment from a debtor. Fortunately, under the Uniform Civil Procedure…

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You Can’t Just Assert That – Requirements for a Supporting Affidavit to Set Aside a Statutory Demand

21 May 2025 Author: Robert Dickfos

A recent case from the Court of Appeal in Victoria[1] provides a useful summary of the relevant principles when seeking to set aside a statutory demand. Background On 12 March 2024, Watagan Park Pty Ltd (“Watagan…

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Application of Section 228 of the Property Law Act 1974 to Insolvency Matters

6 May 2025 Author: Damon Boswell

Section 228 of the Property Law Act 1974 (Qld) (“PLA”) provides a powerful mechanism for insolvency practitioners (and others) to recovery and secure property improperly transferred where there is an intention of defeating creditors. This article…

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Received an ASIC Notice? Know Your Rights!

7 Jan 2025 Author: Indie Seccombe

ASIC’s power to conduct compulsory oral examinations is enlivened when ASIC, on reasonable grounds, believes that a person can give information that is relevant to a matter under formal investigation. The Australian Securities and Investments Commission…

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Recent Changes to the Running Account Defence to an Unfair Preference Claim

3 Oct 2024 Author: Damon Boswell

The recent High Court decision in Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (“Bryant”) has abolished the ‘Peak Indebtedness Rule’ and significantly altered the application of the ‘Running Account’ Defence to unfair preference…

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Rose Litigation Lawyers

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Brisbane

(07) 3211 2922
[email protected]
Level 16
324 Queen Street
Brisbane QLD 4000

Gold Coast

(07) 5574 0011
[email protected]
Level 9, Corporate Centre One
2 Corporate Court
Bundall QLD 4217

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