QLD Unpaid Invoices and Letter of Demand

[Jane Wills]

Hello need some help,
I have a friend who owns a Pty Ltd business in WA who did some work in QLD and is owed over $100,000 from a QLD Pty Ltd company (Sole Director).
The QLD company has been given all the invoices and a letter of demand to pay within 30 days.
The QLD company has not responded.
I now wish to lodge a summons in the QLD court and serve the QLD company.
I have two questions. The QLD Pty Ltd is registered in one town but working 500 kms away in another town. Can I lodge the summons with any court in QLD?
Thanks for any suggestions.

 

[Sophea]

Hi Jane,

I understand that you wish to file court proceedings in a Qld court, seeking the recovery of over $100,000 in invoices from a Qld based company. In Qld, you need to file a Claim & Statement of Claim in order to institute proceedings and have these filed on the Qld company.

You are able to bring claims of up to $150,000 within the Magistrate's Court which has numerous locations around Qld.

The Qld Court rules require that you must bring your claim in the registry where:

• The defendant is located; or
• Where the incident or contract giving rise to the claim occurred.

The map of registries by area is available from the Queensland Courts website: http://www.courts.qld.gov.au/114.htm
If your claim needs to be started in a registry that is outside Queensland, stop now! This factsheet is only relevant for claims in the Queensland Magistrates, District and Supreme Courts.

It is important to be clear about which court and which registry to start your claim in. If you select the wrong court or the wrong registry, your claim may need to be transferred, which could be expensive for you.

Chapter 2, Part 6 of the UCPR has more information about selecting the correct court and registry.

I would file the proceedings in the location closest to the Qld Company's registered office, or alternatively, where ever you think would be the most convenient for the Qld Company you are serving.

Hope that helps

 

[Jane Wills]

Thank you so much for your comments very much appreciated.
I did an ASIC search and found the registered office (RO). So I will lodge it today with the courthouse closest to the defendants RO.
My next mission is finding the Director to serve him with the papers as he isn't working or staying near his RO.
I think Im going to have to hire a really good process server with a picture of the Director to serve the documents at. his workplace.
Any ideas what the best way to go about it?
Regards Jane

 

[Sophea]

Hi Jane,

Yes if you want to serve the director personally, contacting a process server would be a good idea. Most of them are really good at what they do, though its been a while since I've practiced in QLD and can't remember who we used to use??

BUT: Do note, that it is not a requirement under the Corporations Act that you personally serve a director. Make sure you check out Section 109X of the Corporations Act as to how a corporation may be served with legal documents. A director or secretary of a company may be served (if they are being served by reason of their position as director or secretary) by leaving it at, or posting it to, the alternative address notified to ASIC undersubsection 5H(2), 117(2), 205B(1) or (4) or 601BC(2).

There are quite a few options for serving companies which make it much easier if they are being a little evasive.

Check it out here: http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s109x.html

 

[Jane Wills]

Hi Jane,

Yes if you want to serve the director personally, contacting a process server would be a good idea. Most of them are really good at what they do, though its been a while since I've practiced in QLD and can't remember who we used to use??

BUT: Do note, that it is not a requirement under the Corporations Act that you personally serve a director. Make sure you check out Section 109X of the Corporations Act as to how a corporation may be served with legal documents. A director or secretary of a company may be served (if they are being served by reason of their position as director or secretary) by leaving it at, or posting it to, the alternative address notified to ASIC undersubsection 5H(2), 117(2), 205B(1) or (4) or 601BC(2).

There are quite a few options for serving companies which make it much easier if they are being a little evasive.

Check it out here: http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s109x.html[/QUOT

 

[Jane Wills]

Once again thank you for the advice.

I need some help filling the Claim and Statement of Claim court forms out?

They are different from the ones in WA and so are the Rules. Time is of the essence and I am concerned that when it comes time to lodging or attending court the Magistrate or a solicitor will pick them to pieces and throw the case out , therefor the need to start again. We cant afford to hire a solicitor ATM. If I can lodge these documents and get a process server to serve the documents, the Defendant MIGHT come forth with some money.

Is there anyone I can ring to get some help? I have rung Legal Aid QLD but not had much success. I also spoke to the admin staff in the courts and they weren't very helpful either?