Property and Lease practice
Eden King Lawyers – property disputes practice.
- Acting for property developers in relation to sale of land disputes.
- Disputes concerning equitable priorities relating to land.
- Bringing or defending applications dealing with caveats over property.
- Disputes concerning lease or purchase options over land.
- Equitable claims of an interest in land.
- Acting for landlords and tenant in different claims, actions by tenants for relief against forfeiture of their leases, and counterclaims by tenants for alleged breaches of lease by the landlord
- All disputes between tenants and landlords.
- Acting for retail shop tenants.
Banking and Finance services
If you are a consumer and require assistance with insurance disputes, financial matters such as credit providers, or banking concerns, we can assist you by acting in relation to:
- complaints with your insurer or bank or credit provider;
- dealing with the industry ombudsman/authority (presently this is AFCA);
- court proceedings.
Types of matters:
- home and contents insurance;
- vehicle insurance;
- loans and mortgages.
Insolvency and bankruptcy services
If you are owed a debt over $5,000.00 and you want to declare the individual owing the money bankrupt, you need to issue a bankruptcy notice and then file a creditors petition in the Federal Court of Australia.
A bankruptcy notice is a legal demand for payment of money from a debtor (the person who owes the money) to the creditor (the person receiving the money).
The most common occurrence for a bankruptcy notice being issued is usually when you a creditor has a court judgment for the value of $5,000 or more against a debtor.
Once the bankruptcy notice is served, the debtor has 21 days to either pay the debt or make an application to the Federal Court of Australia to set aside the bankruptcy notice.
If the debtor fails to take action and the debt continues to be outstanding, the creditor can be entitled to file a creditor’s petition. Certain supporting documents must be filed with the Court which include an affidavit proving the bankruptcy notice was served, an affidavit verifying the debt, and affidavit of search.
On the other hand if you are presented with a bankruptcy notice or creditors petition, and you are the debtor, you should seek legal advice as soon as possible.
Strict time limits apply in insolvency matters.