Debt recovery in the local court

Course ID WN210205_PSK1

  • Webinar
  • 4.5
  • Foundation
  • 4 CPD POINTS

When representing a client who wishes to commence a debt recovery action in the local court, a firm understanding and knowledge of the legal steps involved in a claim are critical to increasing the probability of a fruitful outcome. In this highly popular and interactive skills workshop, you will learn about all facets of local court debt recovery. 

You will learn how to: 

  • Navigate the pre-legal steps
  • Commence a proceeding
  • Deal with undefended matters and an application for default judgment
  • Understand the difference between the small claims division and the general division
  • Various enforcement orders

Presented by: 

  • David Simons, Legal Practitioner Director, SR Law
  • Giselle Simons, Solicitor & General Manager, SR Law
  • James Simons, Senior Associate, SR Law 

Feedback from past attendees: 

  • “Great workshop, David Simons – great lecturer.”
  • “Presenter was knowledgeable, answered all questions.”
  • “The workshop covered all the basics for practitioners looking to pursue debt matters in the local court.”
  • “Good case law references and examples of documents for filing.”

At the end of this webinar, you may claim 4 CPD points. 

The time listed for this course is Australian Eastern Daylight Savings Time (AEDT). Please take note of any time differences if you are registering from QLD, WA, SA, NT or from outside Australia. 

Price

Full Price $396.00

Alumni/Member Price $356.40

Dates

Start date:

25 February 2021

End date:

25 February 2021

Time:

9.00am AEDT - 1.30pm

About This Course

Overview

9.00am: Login and welcome

 

9.05am: Pre-legal steps
  • Letters of demand – are the necessary?
  • Do you have to respond to the debtor’s “disputes”?

 

10.05am: Stretch break

 

10.10am: Off to court
  • How to commence proceedings
  • Methods of serving a statement of claim
  • Dealing with the common debtor (and lawyer) delaying tactics
  • Settlement under the CPA and UCPR

 

11.00am: Stretch break

 

11.05am: Undefended matters
  • How to seek an application for default judgmentTypes of testamentary trusts overview
  • Understanding the effect of a default judgment
  • Setting aside a default judgment

 

11.55am: Stretch break

 

12.00pm: Defended matters
  • Small claim division regulations and appeals
  • General division overview – motions, review, hearings, costs and appeals

 

12.45pm: Stretch break

 

12.50pm: Judgment enforcement
  • Writs – disadvantages, limitations of seizure and alternative remedies
  • Garnishee orders for debts or wages
  • Examination notice, order or arrest warrant
  • Bankruptcy / winding up
  • Instalment applications – effect of an instalment order and consequence of default on the instalment order
1.30pm: Close

 

Designed for

This seminar is ideal for recently admitted practitioners, solicitors in general practice, solicitors who wish to practice in debt recovery, commercial lawyers, insolvency lawyers, financial services and security lawyers and insolvency practitioners.

This webinar is produced in NSW and features a NSW-based practitioner. This webinar is available to all NSW based practitioners.

 

Claiming CPD units

If you intend to claim CPD units for this educational activity, please note that CPD activities are not accredited by the Law Society of NSW or any other equivalent local authority, with the exception of Western Australia. If this educational activity extends your knowledge and skills in areas that are relevant to your practice needs or professional development, then you should claim one (1) "unit” for each hour of attendance, refreshment breaks not included. The annual requirement is ten (10) CPD units each year from 1 April to 31 March. Some practitioners, such as accredited specialists are required to complete more than ten (10) units each CPD year. If you are in any doubt, you should check your local rules. If you practise in Western Australia, please check local rules regarding interactive activities and note that the College of Law is recognised by the Legal Practice Board of WA as a QA provider of CPD.

 

Mandatories Covered

The program covers the mandatory requirement of Professional Skills, Practice Management and Substantive Law.

 

Presenter biography

David Simons David Simons Legal Practitioner Director, SR Law

David has been in the debt recovery industry since he left school in the 1980's and commenced employment at a licensed commercial agent.

David spent twelve years working at several commercial agents, during which time he performed every task an employee of a commercial agent would have to perform. He commenced as a filing clerk and worked up to be a collections manager (after having spent a number of years doing nothing but telephone demands, which honed his communication and negotiation skills).

In 1996 David became a licensed commercial agent and operated his own debt collection agency until he was admitted as a lawyer in February 1998.

Since admission as a lawyer David has specialised in acting for creditors in debt collection matters. It is the only work he does and he enjoys it thoroughly.

 

Giselle SImons Giselle Simons Solicitor and General Manger, SR Law

Giselle has 8 years experience in debt recovery, having commenced work with SR Law in 2006 as a paralegal whilst finishing her law studies. In 2008 Giselle was admitted as a Solicitor in the Supreme

Court of New South Wales. Giselle is responsible for the day to day running of the practice, including the maintenance of all service levels and supervision and training of staff. In addition, Giselle is personally involved with escalated or complex cases.

 

James Simons Senior Associate, SR Law

After several years as an antique dealer, James worked for ten years as a Communications Manager at National Government Organisation before following in the family tradition and joining SR Law in 2009.

 

Filming and Photography

Please be aware that this webinar organised by the College of Law may be recorded for use on our websites, marketing materials and publications. By attending and participating in a College of Law Continuing Professional Development course, you consent to the College of Law photographing or recording and using your image and likeness and/or voice.

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