Don’t Let Unpaid Invoices Ruin Your Holiday Season
December 2025 Edition
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Do You Have Unpaid Invoices Before Christmas?
December should be a great month for business, but for many sole traders and SMEs it’s the most stressful time of year. Clients slow down, accounts departments go on leave, jobs wrap up late, people are travelling and everyone wants to push everything into January. Suddenly, you’re left with chasing unpaid invoices right when cash flow matters most and people are least likely to want to pay because of their own holiday spending commitments.
The good news is that there are practical and quick steps you can take before Christmas to increase your chance of getting paid and keep cash flow steady.
1. Start with a phone call (it works more often than you think). Before going straight to legal action, make a follow up call. December is a busy time for everyone, and many invoices aren’t paid because they simply fall through the cracks. Then, send a follow-up email with the original invoice attached, check if anything further is needed and give them a clear but reasonable timeframe to action payment (e.g. within 2 business days). If this is ignored, or payment isn’t received, it’s time to remove all uncertainty.
2. Send a second follow-up email and make sure you refer to the agreed payment terms, confirm the overdue amount and new deadline (e.g. end of day), and be clear that you may need to escalate the matter to debt recovery if payment isn’t received. Then, if that doesn’t result in payment, you take legal action.
3. Engage a law firm to send a formal letter of demand. This sets out what is owed, the basis of the debt, the evidence supporting it and a strict deadline for payment (usually 7-14 days). Most importantly, this shows your client or customer that you’re willing to take further action if required. Many of our clients see action after taking this step.
Before engaging a lawyer to send a Letter of Demand or start recovery action, it’s important to make sure the debt justifies the cost. As a general guide, having a law firm prepare a formal Letter of Demand will usually cost around $330, depending on the complexity and the amount of supporting documents involved. For most businesses, it becomes worthwhile to involve a lawyer once the debt is around $1,000–$1,500 or more, or where the debtor has been consistently avoiding payment. For smaller amounts, a strong self-written reminder or final notice may be the more cost-effective option. That said, if the unpaid amount is linked to ongoing services, a difficult client, or you’re concerned about deeper issues (like insolvency), seeking early advice can prevent bigger losses or issues down the track.
4. If the debt is small to moderate, your state or territory’s civil tribunal may be the quickest and most cost-effective option. Every state has its own tribunal (e.g. QCAT in Qld, NCAT in NSW, VCAT in Victoria), each with different monetary limits and processes. You often don’t need a lawyer to file, though getting legal guidance can strengthen your evidence and submissions. Importantly, tribunal applications can usually be lodged online at any time, even over the holiday period and hearing dates for matters lodged in December/January are typically allocated early in the new year (so act sooner rather than later on this). For larger or more complex debts, the Magistrates/Local, District/County or Supreme Court may be more appropriate, and your lawyer can advise you on what this involves.
5. If you know payment won’t come before Christmas, there are several strategic measures that can protect you in the new year:
- Collate all quotes, invoices, emails, texts, delivery records.
- Stop providing further goods or services until the debt is paid.
- Review overdue accounts and consider whether stronger terms (deposits, staged payments, written contracts) are needed for 2026.
These measures put you back in control and assist in preventing the issue from growing.
If the amount is significant, the debtor is unresponsive, or you think they’re trying to delay things until everyone is on leave for the holidays, getting legal advice early often saves money and stress. A short conversation with our litigation team can help you understand your rights, choose the fastest pathway, and avoid wasting time on steps unlikely to succeed.
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Our Latest Story
By Nik Vinsek
•
26 May 2026
So you have a debtor owing funds that have remained outstanding for months, and they have now gone completely silent. Engaging CJM Lawyers may be the next step in the right direction towards recovering your funds. Step 1: Final Demand Engaging a solicitor to issue a final letter of demand can sometimes be the first and last step in debt recovery. A solicitor will review the dispute, assess the strength of your claim, and issue a formal demand on your behalf through multiple channels, placing the debtor on clear notice of the seriousness of the matter. At this stage, most debtors will either pay the outstanding amount or re-engage in communication. When a debtor remains unresponsive, this can be frustrating; however, it is often simply the beginning of a structured recovery process. Step 2: Commence Proceedings Depending on the amount of the debt, commencing legal proceedings may be the next appropriate step where a debtor becomes unresponsive. We will help you assess the commercial viability of commencing proceedings based on a variety of factors including: debt amount; debtor responsiveness; the debtor’s assets and location; and timeframe for recovery. To commence proceedings, your solicitor will prepare a Claim and Statement of Claim and file these documents in the relevant Court. The complexity of the matter, as well as the supporting evidence available, will influence the framing of the claim, ranging from straightforward breaches of contract to more complex causes of action. The costs of commencing proceedings should always be considered and discussed with your solicitor to ensure the recovery action remains commercially viable. Once filed, the documents must be served on the debtor: for a company, service is typically affected by posting to its registered office; for an individual, a process server is engaged to affect personal service. Step 3: Default Judgment Once served, the debtor has 28 days in the Queensland courts to file and serve a Notice of Intention to Defend. In cases involving a silent debtor, no response is often received. After the 28-day period expires, your solicitor can apply for default judgment without the need for a court hearing. Once judgment is entered, you have six years to enforce the judgment debt. Step 4: Enforcement There are various avenues available to enforce judgment debt. If the debtor’s financial position is unknown, a Statement of Financial Position may be served, requiring them to disclose relevant financial information and documentation to assist in determining the most appropriate enforcement pathway. If they fail to comply, an enforcement hearing may be listed, at which the debtor’s attendance is compulsory. Failure to attend can result in serious consequences, including a warrant for arrest to attend the hearing. Where the debtor’s financial position is known, enforcement may proceed through several mechanisms, including bankruptcy proceedings, warrants for seizure and sale of property, redirection of debts, or garnishee orders against earnings or bank accounts. Your solicitor will assist in determining the most effective enforcement strategy based on the circumstances. Conclusion If your debtor has gone silent, it is not the end of the road for recovery. Seeking legal advice can help you assess the most appropriate recovery pathway, weighing up cost, risk, and commercial viability. It is always important to remember that litigation is inherently volatile and engaging a solicitor will help you assess the costs and benefits of this recovery route. Speak to our Litigation and Disputes Team at CJM Lawyers today, and we will work with you to determine the most effective course of action to recover your funds.
By May 2026 Edition
•
26 May 2026
If you have a Will that includes a testamentary trust (or if you've been thinking about adding one) you may have seen some concerning headlines following the recent Federal Budget. Here's what you actually need to know. Do You Have Anything To Worry About Right Now? The Government has announced a policy intention, not a law. No legislation has been drafted, and what's finally passed by Parliament may look quite different to what's been announced. Should You Hold Off Setting Up A Testamentary Trust? If you already have a will with a testamentary trust, you're in a good position. No action needed right now. If you've been meaning to update your will or add a testamentary trust, this is a good prompt to get it done. Come and speak with us so we can structure it in the most effective way given the current landscape. If you're looking to set up a new discretionary testamentary trust, contact us before proceeding. We can make sure you're across your options and structured appropriately. Should You Come In For A Review Right Now? Not urgently - but if your will is overdue for a review anyway, now is a sensible time. We can make sure your documents are in good shape and flag anything worth keeping an eye on. What Should You Do In The Meantime? No action is required at this stage. We are closely monitoring the legislative process and will issue updates as things develop. In the meantime, we'd also encourage you to have a conversation with your accountant or financial adviser, as these changes touch on both legal and tax planning, and a combined approach will serve you best. If It Does Pass – What Does It Mean? A minimum 30% tax would apply to income distributed from new discretionary testamentary trusts established after the legislation takes effect (May 12, 2026). Fixed testamentary trusts are excluded from the proposed changes. If and when legislation is passed, we'll be in touch to walk you through what it means for your specific situation and what your options are. Why Might It Not Pass Its Current Form? Because right now it's a proposal, not a law. The legislation still needs to be drafted, introduced to Parliament, debated, and go through a consultation process where industry and the public can have their say. This process commonly results in significant amendments, and sometimes measures don't proceed at all. We'll keep you informed every step of the way. Have questions in the meantime? We're happy to help. Call us on 1300 245 299 or reply directly to this email. This communication is intended as general information only and does not constitute legal or tax advice. Your personal circumstances will determine how any changes may affect you, and we recommend seeking advice from both your solicitor and a registered tax agent before taking any action.
By Coco Zu
•
15 April 2026
Thinking of employing a skilled worker, or working for someone with your skills, but do not currently hold a visa to work in Australia? An Employer-Sponsored Visa may help resolve this dilemma. The Employer-Sponsored Visa program allows Australian employers to nominate overseas workers for positions that cannot easily be filled by local employees. For many migrants, an employer-sponsored visa provides a pathway to long-term employment and, in some cases, permanent residency. However, navigating the requirements, obligations, and eligibility criteria of these visas can be complex for both employers and applicants. We are able to help you through the whole journey from sponsorship to visa application. The Employer-Sponsored Visa program includes three main visa subclasses: subclass 482, subclass 494, and subclass 186. Each visa subclass has different requirements in relation to the nominated occupation, employment location, the applicant’s work experience and English skills. Given the frequent updates to policies and requirements, navigating this visa pathway can become complex and overwhelming. If you are considering whether any of the visa subclasses are suitable for your circumstances, now is the time to seek the right guidance. Our experienced solicitors in our Immigration team are ready to assist you at every stage, from initial eligibility assessment through to application and compliance, ensuring a smooth, efficient process while minimising risk and stress. Book an initial consultation with Coco Zu to discuss your situation, explore your options, and settle on a strategic plan tailored to your needs. With the right legal support and guidance from the start, CJM Lawyers can make all the difference to your future in Australia. Contact our office on 1300 245 299 or email info@cjmlaw.com.au to get started now!
Our Latest Story
By Nik Vinsek
•
26 May 2026
So you have a debtor owing funds that have remained outstanding for months, and they have now gone completely silent. Engaging CJM Lawyers may be the next step in the right direction towards recovering your funds. Step 1: Final Demand Engaging a solicitor to issue a final letter of demand can sometimes be the first and last step in debt recovery. A solicitor will review the dispute, assess the strength of your claim, and issue a formal demand on your behalf through multiple channels, placing the debtor on clear notice of the seriousness of the matter. At this stage, most debtors will either pay the outstanding amount or re-engage in communication. When a debtor remains unresponsive, this can be frustrating; however, it is often simply the beginning of a structured recovery process. Step 2: Commence Proceedings Depending on the amount of the debt, commencing legal proceedings may be the next appropriate step where a debtor becomes unresponsive. We will help you assess the commercial viability of commencing proceedings based on a variety of factors including: debt amount; debtor responsiveness; the debtor’s assets and location; and timeframe for recovery. To commence proceedings, your solicitor will prepare a Claim and Statement of Claim and file these documents in the relevant Court. The complexity of the matter, as well as the supporting evidence available, will influence the framing of the claim, ranging from straightforward breaches of contract to more complex causes of action. The costs of commencing proceedings should always be considered and discussed with your solicitor to ensure the recovery action remains commercially viable. Once filed, the documents must be served on the debtor: for a company, service is typically affected by posting to its registered office; for an individual, a process server is engaged to affect personal service. Step 3: Default Judgment Once served, the debtor has 28 days in the Queensland courts to file and serve a Notice of Intention to Defend. In cases involving a silent debtor, no response is often received. After the 28-day period expires, your solicitor can apply for default judgment without the need for a court hearing. Once judgment is entered, you have six years to enforce the judgment debt. Step 4: Enforcement There are various avenues available to enforce judgment debt. If the debtor’s financial position is unknown, a Statement of Financial Position may be served, requiring them to disclose relevant financial information and documentation to assist in determining the most appropriate enforcement pathway. If they fail to comply, an enforcement hearing may be listed, at which the debtor’s attendance is compulsory. Failure to attend can result in serious consequences, including a warrant for arrest to attend the hearing. Where the debtor’s financial position is known, enforcement may proceed through several mechanisms, including bankruptcy proceedings, warrants for seizure and sale of property, redirection of debts, or garnishee orders against earnings or bank accounts. Your solicitor will assist in determining the most effective enforcement strategy based on the circumstances. Conclusion If your debtor has gone silent, it is not the end of the road for recovery. Seeking legal advice can help you assess the most appropriate recovery pathway, weighing up cost, risk, and commercial viability. It is always important to remember that litigation is inherently volatile and engaging a solicitor will help you assess the costs and benefits of this recovery route. Speak to our Litigation and Disputes Team at CJM Lawyers today, and we will work with you to determine the most effective course of action to recover your funds.
By May 2026 Edition
•
26 May 2026
If you have a Will that includes a testamentary trust (or if you've been thinking about adding one) you may have seen some concerning headlines following the recent Federal Budget. Here's what you actually need to know. Do You Have Anything To Worry About Right Now? The Government has announced a policy intention, not a law. No legislation has been drafted, and what's finally passed by Parliament may look quite different to what's been announced. Should You Hold Off Setting Up A Testamentary Trust? If you already have a will with a testamentary trust, you're in a good position. No action needed right now. If you've been meaning to update your will or add a testamentary trust, this is a good prompt to get it done. Come and speak with us so we can structure it in the most effective way given the current landscape. If you're looking to set up a new discretionary testamentary trust, contact us before proceeding. We can make sure you're across your options and structured appropriately. Should You Come In For A Review Right Now? Not urgently - but if your will is overdue for a review anyway, now is a sensible time. We can make sure your documents are in good shape and flag anything worth keeping an eye on. What Should You Do In The Meantime? No action is required at this stage. We are closely monitoring the legislative process and will issue updates as things develop. In the meantime, we'd also encourage you to have a conversation with your accountant or financial adviser, as these changes touch on both legal and tax planning, and a combined approach will serve you best. If It Does Pass – What Does It Mean? A minimum 30% tax would apply to income distributed from new discretionary testamentary trusts established after the legislation takes effect (May 12, 2026). Fixed testamentary trusts are excluded from the proposed changes. If and when legislation is passed, we'll be in touch to walk you through what it means for your specific situation and what your options are. Why Might It Not Pass Its Current Form? Because right now it's a proposal, not a law. The legislation still needs to be drafted, introduced to Parliament, debated, and go through a consultation process where industry and the public can have their say. This process commonly results in significant amendments, and sometimes measures don't proceed at all. We'll keep you informed every step of the way. Have questions in the meantime? We're happy to help. Call us on 1300 245 299 or reply directly to this email. This communication is intended as general information only and does not constitute legal or tax advice. Your personal circumstances will determine how any changes may affect you, and we recommend seeking advice from both your solicitor and a registered tax agent before taking any action.
By Coco Zu
•
15 April 2026
Thinking of employing a skilled worker, or working for someone with your skills, but do not currently hold a visa to work in Australia? An Employer-Sponsored Visa may help resolve this dilemma. The Employer-Sponsored Visa program allows Australian employers to nominate overseas workers for positions that cannot easily be filled by local employees. For many migrants, an employer-sponsored visa provides a pathway to long-term employment and, in some cases, permanent residency. However, navigating the requirements, obligations, and eligibility criteria of these visas can be complex for both employers and applicants. We are able to help you through the whole journey from sponsorship to visa application. The Employer-Sponsored Visa program includes three main visa subclasses: subclass 482, subclass 494, and subclass 186. Each visa subclass has different requirements in relation to the nominated occupation, employment location, the applicant’s work experience and English skills. Given the frequent updates to policies and requirements, navigating this visa pathway can become complex and overwhelming. If you are considering whether any of the visa subclasses are suitable for your circumstances, now is the time to seek the right guidance. Our experienced solicitors in our Immigration team are ready to assist you at every stage, from initial eligibility assessment through to application and compliance, ensuring a smooth, efficient process while minimising risk and stress. Book an initial consultation with Coco Zu to discuss your situation, explore your options, and settle on a strategic plan tailored to your needs. With the right legal support and guidance from the start, CJM Lawyers can make all the difference to your future in Australia. Contact our office on 1300 245 299 or email info@cjmlaw.com.au to get started now!
Our Latest Story
By Nik Vinsek
•
26 May 2026
So you have a debtor owing funds that have remained outstanding for months, and they have now gone completely silent. Engaging CJM Lawyers may be the next step in the right direction towards recovering your funds. Step 1: Final Demand Engaging a solicitor to issue a final letter of demand can sometimes be the first and last step in debt recovery. A solicitor will review the dispute, assess the strength of your claim, and issue a formal demand on your behalf through multiple channels, placing the debtor on clear notice of the seriousness of the matter. At this stage, most debtors will either pay the outstanding amount or re-engage in communication. When a debtor remains unresponsive, this can be frustrating; however, it is often simply the beginning of a structured recovery process. Step 2: Commence Proceedings Depending on the amount of the debt, commencing legal proceedings may be the next appropriate step where a debtor becomes unresponsive. We will help you assess the commercial viability of commencing proceedings based on a variety of factors including: debt amount; debtor responsiveness; the debtor’s assets and location; and timeframe for recovery. To commence proceedings, your solicitor will prepare a Claim and Statement of Claim and file these documents in the relevant Court. The complexity of the matter, as well as the supporting evidence available, will influence the framing of the claim, ranging from straightforward breaches of contract to more complex causes of action. The costs of commencing proceedings should always be considered and discussed with your solicitor to ensure the recovery action remains commercially viable. Once filed, the documents must be served on the debtor: for a company, service is typically affected by posting to its registered office; for an individual, a process server is engaged to affect personal service. Step 3: Default Judgment Once served, the debtor has 28 days in the Queensland courts to file and serve a Notice of Intention to Defend. In cases involving a silent debtor, no response is often received. After the 28-day period expires, your solicitor can apply for default judgment without the need for a court hearing. Once judgment is entered, you have six years to enforce the judgment debt. Step 4: Enforcement There are various avenues available to enforce judgment debt. If the debtor’s financial position is unknown, a Statement of Financial Position may be served, requiring them to disclose relevant financial information and documentation to assist in determining the most appropriate enforcement pathway. If they fail to comply, an enforcement hearing may be listed, at which the debtor’s attendance is compulsory. Failure to attend can result in serious consequences, including a warrant for arrest to attend the hearing. Where the debtor’s financial position is known, enforcement may proceed through several mechanisms, including bankruptcy proceedings, warrants for seizure and sale of property, redirection of debts, or garnishee orders against earnings or bank accounts. Your solicitor will assist in determining the most effective enforcement strategy based on the circumstances. Conclusion If your debtor has gone silent, it is not the end of the road for recovery. Seeking legal advice can help you assess the most appropriate recovery pathway, weighing up cost, risk, and commercial viability. It is always important to remember that litigation is inherently volatile and engaging a solicitor will help you assess the costs and benefits of this recovery route. Speak to our Litigation and Disputes Team at CJM Lawyers today, and we will work with you to determine the most effective course of action to recover your funds.
By May 2026 Edition
•
26 May 2026
If you have a Will that includes a testamentary trust (or if you've been thinking about adding one) you may have seen some concerning headlines following the recent Federal Budget. Here's what you actually need to know. Do You Have Anything To Worry About Right Now? The Government has announced a policy intention, not a law. No legislation has been drafted, and what's finally passed by Parliament may look quite different to what's been announced. Should You Hold Off Setting Up A Testamentary Trust? If you already have a will with a testamentary trust, you're in a good position. No action needed right now. If you've been meaning to update your will or add a testamentary trust, this is a good prompt to get it done. Come and speak with us so we can structure it in the most effective way given the current landscape. If you're looking to set up a new discretionary testamentary trust, contact us before proceeding. We can make sure you're across your options and structured appropriately. Should You Come In For A Review Right Now? Not urgently - but if your will is overdue for a review anyway, now is a sensible time. We can make sure your documents are in good shape and flag anything worth keeping an eye on. What Should You Do In The Meantime? No action is required at this stage. We are closely monitoring the legislative process and will issue updates as things develop. In the meantime, we'd also encourage you to have a conversation with your accountant or financial adviser, as these changes touch on both legal and tax planning, and a combined approach will serve you best. If It Does Pass – What Does It Mean? A minimum 30% tax would apply to income distributed from new discretionary testamentary trusts established after the legislation takes effect (May 12, 2026). Fixed testamentary trusts are excluded from the proposed changes. If and when legislation is passed, we'll be in touch to walk you through what it means for your specific situation and what your options are. Why Might It Not Pass Its Current Form? Because right now it's a proposal, not a law. The legislation still needs to be drafted, introduced to Parliament, debated, and go through a consultation process where industry and the public can have their say. This process commonly results in significant amendments, and sometimes measures don't proceed at all. We'll keep you informed every step of the way. Have questions in the meantime? We're happy to help. Call us on 1300 245 299 or reply directly to this email. This communication is intended as general information only and does not constitute legal or tax advice. Your personal circumstances will determine how any changes may affect you, and we recommend seeking advice from both your solicitor and a registered tax agent before taking any action.
By Coco Zu
•
15 April 2026
Thinking of employing a skilled worker, or working for someone with your skills, but do not currently hold a visa to work in Australia? An Employer-Sponsored Visa may help resolve this dilemma. The Employer-Sponsored Visa program allows Australian employers to nominate overseas workers for positions that cannot easily be filled by local employees. For many migrants, an employer-sponsored visa provides a pathway to long-term employment and, in some cases, permanent residency. However, navigating the requirements, obligations, and eligibility criteria of these visas can be complex for both employers and applicants. We are able to help you through the whole journey from sponsorship to visa application. The Employer-Sponsored Visa program includes three main visa subclasses: subclass 482, subclass 494, and subclass 186. Each visa subclass has different requirements in relation to the nominated occupation, employment location, the applicant’s work experience and English skills. Given the frequent updates to policies and requirements, navigating this visa pathway can become complex and overwhelming. If you are considering whether any of the visa subclasses are suitable for your circumstances, now is the time to seek the right guidance. Our experienced solicitors in our Immigration team are ready to assist you at every stage, from initial eligibility assessment through to application and compliance, ensuring a smooth, efficient process while minimising risk and stress. Book an initial consultation with Coco Zu to discuss your situation, explore your options, and settle on a strategic plan tailored to your needs. With the right legal support and guidance from the start, CJM Lawyers can make all the difference to your future in Australia. Contact our office on 1300 245 299 or email info@cjmlaw.com.au to get started now!
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