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Matthews Folbigg Lawyers

OPPOSING PREFERENCE PAYMENT CLAIMS AFTER COLLECTING MONEY

Claims by a liquidator for monies to be repaid to a company now in liquidation are unfortunately for most businesses a common event.  The good deeds done in collecting money can come undone and hurt your bottom line. As a successful credit management team, you will have recovered monies that may have been received shortly […]
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SHOULD I INSTRUCT A LAWYER FOR DEBT COLLECTION?

At Matthews Folbigg Lawyers, we have a team of lawyers and clerks ready, wiling and able to cater for your debt collection requirements.  Aside from being lawyers, members of our team have been involved in debt recovery for over 30 years, helping companies and individuals recover monies due and owing to them working with finance […]
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DEBT RECOVERY – HOW FAR CAN YOU GO?

Any customer or client that owes you money outside of normal trading terms is an understandable source of frustration. That frustration is compounded when the individual company involved is clearly more than capable of paying, has not raised any issues with the quality of the products or services you have supplied, and is behaving as […]
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Visa & Permanent Residency Options for Hong Kong Residents

New! Visa & Permanent Residency Options for Hong Kong Residents From 9 July 2020, certain Hong Kong residents currently in Australia can seek an extension of their visas for 5 years and may even be eligible for permanent residency at the end of that time! Residency Possibility – Student Visa & Temporary Graduate Visa Holders […]
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The Move to an Online Family Court: How Covid-19 has Influenced the Way Divorce Lawyers Represent their Clients

The prevalence of Covid-19, the coronavirus, has catapulted the Family Courts into rapid digital transformation. At first, the Courts began to switch from face-to-face court events to telephone conferences on a dial in basis. By the beginning of April, the Courts began to conduct Hearings by Microsoft Teams, a program that allows video conferencing so […]
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What Does the Closing of the NSW-Victoria Border mean for my Family Law Matter?

The NSW Law Society published a COVID-19 update on 9 July 2020 providing some guidance to families and family law lawyers about the re-closing of the border between NSW and Victoria. The update is as follows: With NSW-Victoria border closures in place, it’s expected that parties should cooperate and ensure the best interests of the […]
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Worried About Facing Your Ex at Family Mediation? Shuttle mediation may be an Option For You

Family mediation can often be a daunting experience. This is particularly so for those who are worried about coming face-to-face with an abusive or controlling ex-partner. However, did you know that there are alternatives to face-to-face family mediation? Depending on your individual situation, shuttle mediation may be a suitable option for you. Shuttle Family Mediation […]
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Family Law Lawyers Discuss Your Options to Stop Your Former Partner From Taking Your Child Overseas

Are you concerned that your former partner is going to take your child overseas without your permission? Speak to one of our family law lawyers today about your options. Australian Federal Police Watch List If you do not want your child travelling overseas without your permission, you may consider placing the child on the Australian […]
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New! Key Changes to the Covid Leasing Rules for Landlords and Tenants

The Retail and Other Commercial Leases (COVID-19) Amendment Regulation 2020 (NSW) (the Amendment) commenced on 3 July 2020 and changes some of the rules affecting retail/commercial landlords and tenants when it comes to the impact of COVID-19.   Background The Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) (the Regulation) commenced operation on 24 […]
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When is it too late to collect a debt?

By Ellen Ferris, a Solicitor in Matthews Folbigg’s Insolvency, Restructuring and Debt Recovery Group. When life gets busy, sometimes we put off important jobs to deal with more pressing matters. But when it comes to debt collection, this can only be put off for so long before debts become ‘statute barred‘. At this point the debts […]
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Debt Collection – What we are hearing from our clients

Debt Collection – What we are hearing from our clients Regardless of which industry they operate in, clients are expressing to us a sense of dislocation from their usual business networks. Social isolation has meant that feedback from customers, practical guidance from industry associations and even gossip from colleagues has been harder to come by. […]
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Terms used in a Will

WILLS –DOES THE TERM “GRANDCHILDREN’ INCLUDE “STEP-GRANDCHILDREN”? Identifying whether the expressions step children and step-grandchildren are included in the expressions children and grandchildren can cause confusion in Wills . When all else fails, Courts try to determine expressions in the Will according to the intention of the deceased. Courts may in some cases look into […]
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Claims against an Estate

THE NEED FOR DISCLOSURE WHEN THERE ARE CLAIMS AGAINST AN ESTATE A person is entitled to leave his or her estate to whoever they choose. However, there may be circumstances in which a person has been left out of a Will who believes they should have been included.  This is because “eligible persons” can apply […]
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DOES MARRIAGE AFFECT YOUR WILL?

DOES MARRIAGE INCLUDING SAME-SEX MARRIAGE AFFECT YOUR WILL? Marriage can result in a Will or parts of it being automatically revoked. If a person marries after making a Will, it  will be revoked with exceptions including: ·       gifts in the Will from a person to a spouse who they marry are not revoked; ·       an […]
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Money for Nothing? Or, Something Instead of Nothing.

By Ellen Ferris, a Solicitor in Matthews Folbigg’s Insolvency, Restructuring and Debt Recovery Group. Before commencing potentially costly court proceedings, there are a number of debt recovery options which should be canvassed by a wise creditor. One such option is that of a payment plan, or payment arrangement. The benefits of a payment plan include; Regular […]
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What every employer MUST know for 1 July 2020

With the commencement of a new financial year, it brings with it important changes and new rates which will apply from 1 July 2020. NEW! High Income Threshold (HIT) With the HIT: it increases to $153,600 it impacts: who can make a claim for unfair dismissal (for those not covered by a Modern Award or […]
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Difficulties due to COVID-19 not an excuse to vacate a hearing date

A recent decision in the Land and Environment Court to set aside a Registrar’s order that a three-day hearing be set aside substantially due to the difficulties associated with the COVID-19 pandemic has shown the Court’s willingness to facilitate the continuation of hearings, where appropriate, despite the difficulties associated with virtual hearings. In DVCI Pty […]
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Warning to all Directors – The First Industrial Manslaughter Conviction

In a first for Australia, Brisbane Auto Recycling Pty Ltd (BAR) was convicted of industrial manslaughter and fined $3million dollars after the employer and its two directors were found to have lied about how a worker died. The Facts In essence: the worker was struck by a forklift in BAR’s Rocklea wrecking yard and died […]
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UTSG Pty Ltd v Sydney Metro (No 6) [2020] NSWLEC 63

A recent Land and Environment Court claim brought in respect of Class 3 proceedings to determine the compensation payable for the compulsory acquisition of a leasehold interest has resulted in the determination that the applicant be awarded nil compensation taking when into consideration outstanding occupation fees, as well as an order for a non-party cost […]
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Introduction of Local Government COVID 19 Regulations – Financial Relief

  The State Government on 17 April 2020 has made the Local Government (General) Amendment (COVID-19) Regulations 2020 (‘COVID-19 Regulation’) to amend the Local Government (General) Regulations 2006 (‘Local Government Regulations’). This amendment was sparked by the strict procedural and financial provisions within the Local Government Act 1993 (‘Local Government Act’), limiting councils in providing […]
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