Debt Recovery

 
You or your clients may have previously used debt collection agencies and found them impersonal, ineffective or used law firms and found them expensive.

We do things differently. By weighing up the costs of pursuing a debt with a realistic appraisal of its full recovery, we take a proactive approach to the speedy and effective recovery of our clients’ substantial or high-volume debts.

Our dedicated team provides the full range of debt recovery services, including:

  • advising on prospects and procedural options;
  • drafting statutory demands and claims;
  • conducting negotiations, where appropriate;
  • instituting and conducting recovery proceedings including bankruptcy and winding up proceedings as well as enforcement procedures, such as sheriff’s warrants, and attachments of earnings;
  • enforcing judgments and securities by issuing a writ of execution or garnishee order, or by appointing a receiver, administrator or mortgagee in possession; and
  • providing representation in the Victorian Civil and Administrative Tribunal and the Magistrates’, District and Supreme Courts.

The Debt Recovery Team has developed automated systems based on their own extensive experience that streamlines processes, has direct access to online Court filing and therefore provides a seamless operation of defined processes to ensure that our service is delivered quickly, consistently and cost effectively.

As experts in recovery litigation and other recovery techniques, we can conduct litigation in all jurisdictions. We are experienced in recoveries arising out of a variety of commercial arrangements and understand the laws of negligence, nuisance and contract, statute law (Competition and Consumer Act, Goods Act, Fair Trading Act, Wrongs Act, etc.), as well as compliance with the Private Agents Act.

We are also able to:

  • develop products and processes suited to each individual client’s needs
  • provide an extranet which allows access to our clients for reporting
  • provide reports that can be defined in accordance with the individual needs of our clients
  • provide reports that are available immediately to our clients as and when required and
  • undertake an analysis of each individual client’s needs to ensure that all required data is being captured for their individual customisation.

Hall & Wilcox have in house developers who are constantly innovating to provide solutions to our individual clients.

Experience

  • Acting for major mercantile agencies in relation to recovery for over 1,000 matters at any given time.
  • Acting for a telecommunications company regarding the effective recovery of multiple debts.
  • Acting for Government regulatory authority in pursuing outstanding debts by use of a variety of recovery methods.
  • Acting for major insurance companies in the prosecution of multiple claims in relation to a variety of insured events.
  • Acting for numerous corporations including wholesalers regarding debts owed by their customers.
  • Acting for insolvency practitioners regarding rent rolls and debtors’ books arising out of liquidations.
  • Acting for public companies in recovery of debts, for example a national supplier of heavy machinery to the resources, energy, utilities and infrastructure sectors.
  • Acting for finance companies in recovery of debts regarding various types of loans.

Key contacts

Wayne is a leading litigation and insolvency expert specialising in large and complex commercial disputes in all jurisdictions.

Adrian Lasky has broad experience in litigation across a wide range of matters, including insolvency and contractual disputes.

Related thinking

Debt Recovery| 01 Aug 2022

First judicial decision on a mortgagee sale during COVID-19 restrictions

The Victorian Supreme Court has handed down its first judicial decision regarding a mortgagee sale which arose during the COVID-19 lockdowns.

Debt Recovery| 19 Jun 2020

Three of a kind: Federal Court provides clarification on key issues in determining unfair preference claims

In three related judgments delivered on 27 May 2020, Justice Davies found in favour of the liquidators of Gunns Limited (in liquidation) (Liquidators) against creditors Badenoch Integrated Logging Pty Ltd (Badenoch), Bluewood Industries Pty Ltd (Bluewood), and Edenborn Pty Ltd (Edenborn) for various unfair preference claims.