When an individual
will not pay a judgment.
A bankruptcy notice gives a person who owes a judgment debt 21 days to pay. We act for creditors pursuing individuals, and for individuals who have received a notice.
Client reviews
Commercial law clients,
in their own words.
We engaged Joshi Lawyers for a business purchase and found them to be very professional, dedicated and helpful. Dinesh has a significant degree of knowledge in business and commercial law matters. We were advised about everything in detail and kept informed about our matter’s progress at each stage.
Anqi HuangBusiness purchase · Google review, 2017 Our first experience in Australia using any lawyer. All advice given was very fair and to the point. It was them who suggested the statutory demand process, which we used for a speedy recovery, and it worked.
GNS Group AustraliaDebt recovery · Google review, 2023 Dinesh solved my dispute in 4 months where the other lawyer I had prior took 12 months giving me no foresight on my case. Dinesh has a clear foresight in his cases and closes all objections with ease and makes you aware of your standing.
Dheeraj WadhwaniBusiness dispute · Google review, 2018 From business settlements to my recent land settlement, they have never failed to impress me. Thank you Dinesh and your team for taking the stress from us and dealing with all sorts of issues and disputes very professionally.
Aarti AroraBusiness owner and investor · Google review, 2017
Is this you?
When people come to us about bankruptcy notices and petitions.
Each of these is a good reason to call, and none of them is too early.
- You have a court judgment and the debtor still will not pay.
- The debtor owns property but claims they cannot pay.
- You have been served with a bankruptcy notice.
- A creditor’s petition has been filed against you.
How we help
A bankruptcy notice is serious pressure. It has to be used carefully.
A creditor with a final judgment of at least $10,000 can apply for a bankruptcy notice. If the debtor does not pay or come to an arrangement within 21 days, the creditor may file a creditor’s petition in the Federal Circuit and Family Court.
Bankruptcy brings in a trustee who can sell assets for the benefit of all creditors. Used well, a notice brings the debtor to the table. We advise whether it fits your situation, and act for individuals who receive one.
What we do
- Bankruptcy notices applied for and served
- Creditor’s petitions in the Federal Circuit and Family Court
- Negotiated payment arrangements
- Applications to set aside a bankruptcy notice
- Opposing a creditor’s petition
- Advice on alternatives to bankruptcy
What happens first
Your first week with us.
A matter should feel different from the first call. This is what you can expect before anything is signed or sent.
The first call: what the real question is
Most commercial matters turn on one or two points. We find them first, so the work goes where it counts.
Within the week: a strategy and a written estimate
What a good outcome looks like, how we propose to reach it, and what it will cost, before any letter is sent.
Deadlines first
Statutory demands, court documents and notices carry short time limits. We deal with those before anything else.
From then on: one senior lawyer
You deal with the same lawyer throughout, and you are told early if anything changes.
Your team
Who you will deal with.
Matters are run by the people below, not handed down.
Questions
Frequently asked questions
If your question is not here, it is a good reason for the free call.
Do I need a judgment before issuing a bankruptcy notice?
Yes. A bankruptcy notice is based on a final judgment or order, generally for at least $10,000.
I have received a bankruptcy notice. What should I do?
Call us straight away. You have 21 days to pay, reach an arrangement or apply to set the notice aside.
What does it cost?
Most document work (leases, agreements, structures) is quoted as a fixed fee from the outset. Debt recovery is staged: a fixed fee for the letter of demand and for a statutory demand, then a written estimate for any court step. Larger matters such as a business sale or a contested proceeding are scoped and estimated in writing before we start, and you are told early if anything changes.
More in debt recovery and insolvency
View all commercial law- Debt recoveryLetters of demand, payment plans, statutory demands and court claims for unpaid invoices and loans.Read more
- Statutory demands and winding upStatutory demands served and defended, and winding-up applications in the Supreme Court.Read more
- Enforcing judgmentsWarrants, attachment of earnings and debts, and examinations, to turn a judgment into payment.Read more
- Corporate insolvencyAdvice for directors of companies in financial trouble, and for creditors when a company fails.Read more
- Personal insolvencyAdvice for individuals with debts they cannot pay, including alternatives to bankruptcy.Read more
- Director penalty noticesAdvice for directors who receive a director penalty notice from the ATO, within the deadline that matters.Read more
Tell us what is going on. We will tell you where you stand.
A free 15-minute call. If it is a matter for us, you are booked in with the right solicitor before the call ends. If it is not, we will say so.