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ARTICLE · 09 OCTOBER 2016

Debt recovery proceedings: what are the basic Court procedures?

Colin Biggers & Paisley
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The process in debt recovery proceedings is driven by rules and regulations that are specific to each Court and state.

AustraliaInsolvency/Bankruptcy/Re-Structuring
Louise Thompson
Louise Thompson

In brief - Analyse benefit of seeking recovery before commencing proceedings

The Court process in debt recovery proceedings is driven by Court rules and regulations that are specific to each Court and state. That process can be frustrating, especially when you are confident that the debt is owed and the debtor is using the Court procedures to delay payment even further. By giving your legal representatives as much information as possible prior to issuing proceedings and providing prompt assistance during the course of the proceedings, you can help minimise that delay and costs.

Consider cost/benefit, time and chances of recovery before issuing court proceedings

So your claim has been quantified and your demand for payment has been sent and been met with either silence or a refusal to pay. Your next step is to issue court proceedings seeking recovery.

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