Replacing a Trustee of a Bankrupt Estate

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.

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.