News & Insights

If you run a business, then at some point you are going to get a letter (or send one) with the words 'without prejudice' at the top. But what does 'without prejudice' actually mean, and how should you use it in real life?

Mediation has become a prevalent form of alternative dispute resolution. Many commercial agreements and Courts will require you to go to mediation at some point in an attempt to resolve your dispute.

Of course, if you're involved in a commercial dispute then you're probably always thinking about ways to exit the process favourably. But, when it comes to the litigation process, there are some prime occasions when negotiations are more likely to succeed.

So let's say you've been served with a statutory demand. You've examined the situation and decided that negotiating a resolution is the best bet. The terms are largely agreed, but you've got this looming problem: if the statutory demand expires, then your company will be presumed insolvent.

Inevitably if your litigation does not resolve through negotiation or come to an abrupt end in some other way, you're going to need to come to grips with the mandatory exchange of documents required by the Court Rules.

What are 'pleadings' and why do they matter? How long does litigation take? What documents should I give my lawyers? Do we need expert evidence, and what does that involve?

As we've set out in our earlier article, statutory demands are serious business. If you fail to deal with one appropriately after being served, the consequences could be dire for you and your business.

Statutory Demands for Payment of Debt (or Stat Demands for short) are a standard tool in the arsenal of commercial debt collection.

Last year, largely from financial pressure arising out of the COVID-19 response, the Federal and State Governments introduced hefty stimulus packages for businesses and individuals.

If you're dealing with a company in financial distress, it's critical to understand what (if any) type of external administration you're dealing with. Just lumping all forms of external administration under a single umbrella of 'liquidation' is potentially going to harm you in the long run.

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