Beware of a S6Q Notice.

What is an S6Q Notice? It is a default notice that is sent in accordance with section 6Q of the Privacy Act 1988 (Cth). If you owe a creditor an amount that is more than $150, that creditor can do the following:

 

  1. Issue you with a first S6Q Notice as soon as the debt becomes overdue;
  2. If the amount is not paid within 30 days of the date the first S6Q Notice is issued, they can then send you a second Notice;
  3. Wait for another 14 days and then register you on your credit report. This can be disastrous as it will prevent you from obtaining finance. The entry on your credit report automatically lapses on the expiration of 5 years of the date of the entry however, 5 years is a long time when you need to, let’s say, apply for a personal loan or refinance.

 

There are other steps that are available to a creditor to pursue the debt – one of them is to issue a proceeding in court. It is important therefore, to act as soon as the first Notice is received and contact us to obtain advice on your options.

 

 

This article provides information that is general in nature and is not a substitute for legal advice.

Are you still owed money?

When you have outstanding payments owed to you by a client, and your attempt to contact them to finalise payment(s) have not finalised the matter, we have a low cost step that you can take before calling (and paying for) a debt collection service.

We’ve included a “Letter of Demand” on our website. This letter can now be your first, cost effective step to recover outstanding debts.

It’s easy to use:

  1. Simply click HERE and you will be directed to our “Demand Letter”
  2. Simply complete your details and your debtor’s details in the form provided on our website; and
  3. Pay a flat fee of $77 [incl GST]

 

Hassall’s Litigation Services will complete a Letter of Demand on our letterhead. The letter will be sent, within 7 days of payment, to your debtor. This demand letter serves as a warning to pay the money or further legal action may be taken.

This new service will only cost you $77 [inc GST] to have the letter completed, printed and delivered.

Once the Demand Letter has been sent

No further action will be taken. However, if you require further assistance, simply contact us and we may assist you to commence proceedings to recover your debt.

To complete your Letter of Demand, simply click here.

This article provides information that is general in nature and is not a substitute for legal advice.

Application for Divorce – We can help you

You and your spouse may be able to apply for a divorce (dissolution of marriage) if you have been separated for 12 months and more, there is no reasonable likelihood of resuming your marriage and if you satisfy the jurisdictional requirements for the Federal Circuit Court of Australia to make a divorce order.

 

We charge a fixed fee for the Application according to Part 3 of the Family Law Rules 2004 (Family Court Scale of costs)(excluding disbursements) and not on hourly rates! This includes drafting the Application along with any accompanying Affidavits, arranging for a process server to serve your spouse with the Application (if necessary), organising the filing service documents at the Court and attending at Court for the divorce hearing (if necessary). If your marriage certificate is not in English we can organise for a translation too.

 

We had a client who paid $200 to a company (not a law firm) they found on the internet to assist her with completing the paperwork, only to accidentally pay for the wrong Application form. She was not able to get her money back. She was also not informed that she had to then make her own arrangements to serve the Application on her spouse which was an extra charge on top of the $200. In the end she decided to come to us to assist her with the documents and to serve her spouse who was evading service. We got her documents in order and attended at the divorce hearing with her and her divorce order was granted.

Save yourself the hassle of drafting the Application on your own and arranging for service of the documents all by yourself and let us handle the paperwork. Contact us today.

 

This article provides information that is general in nature and is not a substitute for legal advice.

Will you have to sell your property after separation?

If you have separated and do not have the capacity to be able to borrow money to re-finance on your home to be able to pay your spouse/partner his or her entitlements under the Family Law Act 1975, then you may have to sell the home.

We can help you assess the other parties’ entitlements and organise an independent valuation (at the shared cost of the parties) for the purposes of a property settlement.

Before proceeding with sale of property after a separation, talk to us so that we may advise you of what steps to take.

 

This article provides information that is general in nature and is not a substitute for legal advice.

Domestic building dispute resolution

Domestic Building Dispute Resolution Victoria (DBDRV) is an independent government agency that provides free services to help resolve domestic (residential) building disputes.

This service was established to resolve domestic building disputes without the cost and time often associated with courts and tribunals.

If you experience an issue during a residential building project, you need to try to resolve the dispute yourself – before you apply to DBDRV. This is a legislative requirement, so you will need some proof showing how you have tried to resolve the dispute. This may include notes from meetings or email records.

If you are unable to resolve the issue(s) during your initial meeting with the other party, i.e. owner or builder (or other parties), you must write to the other party outlining any remaining issues. In this letter, you must advise them of your next step, which might include lodging an application with DBDRV.

To begin using resolving your dispute through DSDRV, simply visit their website and click on the “application” button.

You will be prompted with a range of questions. If while you are answering these questions, a pop up appears that says “is our service right for you?” you will be directed to answer a range of further questions.

If you are eligible to use the services, then you will be allocated a file manager, who will familiarise themselves with your matter and decide which course of action is most appropriate in your dispute.  Please note that you need to be involved in the process in good faith and attempt to fully resolve the issues.  If a Dispute Resolution Officer is able to get the parties to resolve the dispute, s/he will present a draft order to the Chief Dispute Resolution Officer.

The Chief Dispute Resolution Officer has the power to issue binding dispute resolution orders and certificates.  Builders please note that if the dispute involves any defective works, the Chief Dispute Resolution Officer will report them to the Victorian Building Authority after the conciliation process is completed.

Further information

If you are not eligible to use DBDRV, your next step, is to speak with us.

 

This article provides information that is general in nature and is not a substitute for legal advice.

 

Domestic Building Dispute Resolution Victoria (DBDRV): https://www.dbdrv.vic.gov.au/

Image credit: www.dbdrv.vic.gov.au/