Resources

Maximising Recovery of Stolen Funds by Obtaining Freezing Orders

Maximising Recovery of Stolen Funds by Obtaining Freezing Orders

When running a business, trust is paramount.

Unfortunately, our clients found out the hard way that a director in their company had been misusing company funds to the tune of $2.5 million for his own personal gain and to benefit his private entities.

Time is of the Essence

When dealing with cases of financial misconduct, time is of the essence. We swiftly obtained freezing orders against the director personally and his shareholding entity which traded with his other businesses. This was essential in preventing assets from being dissipated, leaving our clients (as creditors) with little to recover.

Once we had

Successful Defence to Unfair Contract Terms Case

Successful Defence to Unfair Contract Terms Case

Tailored and well-structured standard form contracts are the bedrock of robust commercial relationships, for both business and consumer relationships. They provide clarity for all parties and ensure businesses are compliant with their legal obligations.

By proactively outlining and communicating equitable terms by way of a standard form contract, businesses not only mitigate the risk of customer actions in respect of the contract for uncertainty or unfair terms, but also cultivate trust, credibility, and enduring relationships with clients.

However, even the most robust contract will not prevent claims of unfair contract terms.

This was demonstrated in a case where we represented

Trade Credit and Debt Recovery Trends

Trade Credit and Debt Recovery Trends

In this video, Results Legal Manging Director Karl Hill discusses what we’re seeing in the trade credit and debt recovery sector in more detail.

Our goal is to assist credit managers and professionals in the credit industry by providing valuable insights into the changing economic and financial landscape.

By staying informed about evolving patterns, you can effectively manage credit risks and identify opportunities to position your business for success. Understanding developments in trade credit and debt recovery will enable you to create strategies for risk mitigation and capitalise on growth prospects in a fluctuating market. This knowledge is vital for

Unfair Contracts: Frequently Asked Questions

Unfair Contracts: Frequently Asked Questions

As the changes to the Unfair Contract Terms Regime have now come into effect, many of our clients have been seeking clarification on what this means for their businesses.

With the new legislation in place, it’s important for companies to fully understand their obligations and ensure they are compliant.

Over the last few months, we have received a range of questions regarding the Unfair Contract Terms Regime, from what constitutes an unfair term to how to draft contracts that align with the new regulations.

In the video below, Special Counsel Robert Shepley has provided answers to some of the most

Results Legal Welcomes Rob Shepley to Lead New Commercial Division

Results Legal Welcomes Rob Shepley to Lead New Commercial Division

Our primary goal is to achieve better commercial outcomes for our clients.

With that in mind, we’re proud to announce the appointment of Special Counsel Robert Shepley who has joined Results to head up our new commercial division.

Results Legal has been a specialist in commercial dispute resolution, focusing on areas such as debt recovery, insolvency, and commercial litigation since its inception.

Our goal is to proactively assist clients in achieving the best possible commercial results. Managing Director Karl Hill said of the appointment, “We believe that early involvement in a transaction is crucial for avoiding disputes and ensuring cost-effective

Corporate Counsel’s Guide to The Unfair Contracts Regime Changes

Corporate Counsel’s Guide to The Unfair Contracts Regime Changes

From 9 November 2023, the amended Unfair Contract Terms Regime is in effect.

 It is crucial for Australian businesses and their legal teams to be fully aware of the potential risks involved.

The consequences of non-compliance include hefty penalties and increased exposure to legal disputes.

Special Counsel Robert Shepley has created the Corporate Counsel’s Guide to the Unfair Contract Terms Regime to help legal teams ensure that their businesses are protected from the risks of unfair terms, ultimately safeguarding their commercial interests.

Download the Corporate Counsel’s Guide to the Unfair Contract Terms Regime

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Results Legal Trends Report November 2023

Results Legal Trends Report November 2023

The current market is challenging and the effects on businesses from COVID are still playing out.

In a recent video, Managing Director Karl Hill provides valuable insights into the market conditions that our clients are experiencing, sharing not only an overview of trends we are seeing in our areas of specialisation, industry trends and recent regulatory changes, but also touching on some of the key matters we are working on.

Topics covered in this video include:

  • Banking & Finance
  • Shareholder & Partnership Disputes
  • Insolvency & Restructuring
  • Trade Credit & Debt Recovery
  • Changes to the Unfair Contract Terms Regime

David Finn, Atradius on Consolidating Legal Work with a Single Law Firm

David Finn, Atradius on Consolidating Legal Work with a Single Law Firm

We have been working with the team at Atradius Collections since 2011. Over the past 5 years, Atradius has gradually consolidated its legal work, with Results Legal becoming the primary firm nationwide.

In this video, Atradius’ Operations Manager David Finn shares how this decision has positively impacted his day-to-day responsibilities at Atradius.

“I really appreciate clear concise simple advice so I can do my job. Since giving most of our work to Results Legal it has meant a lot less of a headache for me.”  

Above all else, our main objective is to deliver results for our clients. We prioritise

Is your Credit Documentation and Terms of Trade Unfair?

Is your Credit Documentation and Terms of Trade Unfair?
This article first appeared in Credit Management Magazine, October 2023. Read full Magazine here.

With the introduction of Unfair Contract Terms Regime on November 9th, it is more important than ever for creditors to ensure that their Credit Documentation and Terms of Trade are compliant with existing laws – as failure to do so can now result in your business being exposed to not only increased legal disputes but also new punitive penalties.

In this article, we’ll discuss what these changes mean for you as a creditor and how best approach updating or reviewing the relevant documentation within your business.


Maria Schandl, Stramit on her experience with Results Legal

Maria Schandl, Stramit on her experience with Results Legal

When it comes to trade credit, it’s crucial to have a reliable and trustworthy legal partner who can offer sound advice.

We asked Maria Schandl, the National Credit Manager for Stramit, why she chooses to work with the team from Results Legal.

“I like their approach – they are ethical, and work with integrity. We are given clear guidelines about what needs to be done, by when, within what timeframe and at what cost. They coach me through their recommendations and help me come to the right decision for the business.”

Throughout our discussion, Maria kept coming back to strategic

[Webinar] Unfair Contract Term Changes are Imminent [hosted by BICB]

[Webinar] Unfair Contract Term Changes are Imminent [hosted by BICB]
Nicholas Boyce discusses the impact of the Treasury Law Amendments (More competition, Better Prices) Act 2022 (Cth) on businesses.

This session was presented at a seminar titled “Unfair Contract Terms Legislation” organised jointly by Results Legal, Access Intell and BICB on Friday 14th July, 2023.

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Ready to get started?

We are offering a no cost review of your terms of trade or credit documentation.

To take advantage of this offer, upload your documentation via our Unfair Contract Terms form.

We will perform a complimentary review of your terms and conditions of trade and any other standard

Unfair Contract Terms Checklist

Unfair Contract Terms Checklist

From 9 November, 2023, sweeping reforms of the unfair contract terms regime will commence.
This checklist aims to help you assess your standard form contracts and identify any terms that could be considered ‘unfair’ under the new regime.


Unfair Contract Terms Regime – Key Questions

Unfair Contract Terms Regime - Key Questions

In what we regard as onerous and punitive reforms, the new unfair contract terms law (UCT) coming into effect on 9 November this year will affect thousands of businesses’ standard form contracts.

Now is the time to review your terms and conditions of trade and any other standard form contracts on which you trade (e.g. purchase order conditions, consignment agreements, etc).

What is the new unfair contract terms law?

The Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) was enacted into law on 9 November 2022 and enters into force on 9 November 2023.

What does this mean?


[Webinar] The New Unfair Contracts Terms: What it means for your business

[Webinar] The New Unfair Contracts Terms: What it means for your business

Onerous and punishing – the new unfair contract terms regime will affect thousands of businesses standard form of contracts.

Is your business prepared for the changes? 

Join us at 12pm on Wednesday, May 24th as we hear Anna Taylor – Principal at Results Legal and Jeff George – Head of Risk and Group Services of NCI discuss the upcoming changes to the unfair contract terms regime which come into force on 9 November 2023.

About the Webinar

The changes to the unfair contract terms regime bring about significant changes which will likely affect all

Set-Off And Peak-Indebtedness Get The Axe In MJ Woodman And Badenoch Logging Judgments

Set-Off And Peak-Indebtedness Get The Axe In MJ Woodman And Badenoch Logging Judgments

The High Court delivered two judgments on 8 February 2023 to bring about the most significant development to the unfair preference laws and ended many years of uncertainty in relation to the defence of set-off and the application of the running account principle.

For many years, there has been heated debate as to whether:

    1. set-off is available as a defence to an unfair preference claim; and
    2. the “peak-indebtedness rule” is part of the law in Australia.

The High Court decisions of Metal Manufactures Pty Limited v Morton [2023] HCA 1 (Morton) and Bryant v Badenoch Integrated Logging

Be Our Guest at the International Women’s Day WINC Webinar

Be Our Guest at the International Women's Day WINC Webinar

As a proud sponsor of Women in Credit (WINC), we invite you to the first WINC Webinar for 2023, celebrating International Women’s Day on Wednesday, 8th March.

Join speaker Rowena Millward – global business leader and best-selling author of “Uncomfortable Growth – Own Your Reinvention” as she shares four questions to move you from stuck to significance.

If you’re not a member of AICM, we invite you to register and attend as our guest using the code: ResultsWeb at checkout to receive complimentary registration.

Four Questions to Move from Stuck to Significance

Join speaker Rowena Millward – global business leader

Small Business Insolvency Reforms Update

Small Business Insolvency Reforms Update

The Treasury has provided further insight this month into the operation of the proposed reforms that will see the most significant changes to the Australian insolvency framework in almost 30 years.

With a wave of insolvencies expected in 2021 as the measures introduced by the Government to combat the economic effects of COVID-19 come to an end, it is important that businesses, creditors and advisors are aware of the impact of the small business insolvency reforms.


Third Party Payments – Are They an Unfair Preference?

Third Party Payments – Are They an Unfair Preference?

The recent Victorian Court of Appeal judgment in Cant v Mad Brothers Earthmoving Pty Ltd [2020] VSCA 198 clarifies the circumstances in which a payment from a third party may constitute an unfair preference. The decision is important to any creditors with potential exposure to unfair preference claims and for insolvency practitioners seeking to pursue such claims.


Court Terminates Director Friendly DOCA on Application of Minority Creditor

Court Terminates Director Friendly DOCA on Application of Minority Creditor

The voluntary administration regime is intended to maximise the chance of a company continuing or to provide a better return to creditors than an immediate winding up of the company. The regime offers great flexibility. This leaves it open to abuse by directors and related entities seeking to avoid legitimate debts, scrutiny of their conduct or to obtain a direct benefit for themselves.


Litigation Funding – a Tool for Creditors?

Litigation Funding - a Tool for Creditors?

Litigation funding is a little used tool that can yield big benefits for unsecured creditors.

If employed strategically by creditors, litigation funding can enable the creditor to seek a priority payment, which may result in a significant recovery.


Illegal Phoenix Activity

Illegal Phoenix Activity

Illegal phoenix activity has become an increasingly common problem for trade creditors. Well advised directors are regularly walking away from company liabilities, only to recommence trading under a new company name.