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Overview
  • Banking & Finance
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  • Debt Collection Management
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  • Mortgage Recovery
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Debt Collection Management

 
“In the current climate, it’s crucial to resolve matters quickly and in a cost efficient manner to minimise any potential losses. We pride ourselves on excellence in recoveries and enforcement, and our aim is always to understand our clients’ businesses and how they operate. We seek, wherever possible, to provide our clients with a competitive advantage in the marketplace.”
 
Gino Potenza, Partner and Head of Debt Collection Management

 

Services and Expertise

Our Debt Collection Management team provides cutting edge technology combined with a unique service tailored to suit each client's requirements. We are equipped to identify risks early and properly deal with sensitive matters so we can protect each client's reputation and brand.

 

Our team has experience and expertise in all aspects of debt collection, mortgage recovery and related enforcement work, including personal and corporate insolvency litigation and litigation arising from property transactions. In addition, we are cognisant of governmental and other issues impacting businesses operating in the finance sector.

 

We take a holistic approach to our relationships and take pride in genuinely partnering with our clients. Our team acts for clients across a range of industries, including various lenders such as banks, non bank financial institutions, mortgage originators and private lenders.

 

Our team also has a strong network of relationships with key industry players, including industry regulators, mortgage insurers, consumer representative bodies, property presenters and the courts.  

 

We manage cross border issues with ease and provide a seamless national service via our network of interstate affiliates, who have been handpicked because they are experts in recoveries and enforcement and share our commitment to excellence. We also provide a range of fee options.

Areas of Legal Expertise

Our expertise covers:

  • preparing and serving demands and default notices
  • issuing court proceedings for the recovery of land and debt
  • obtaining possession and arranging Mortgagee Sales of security property
  • removing tenants
  • removal of encumbrances and caveats from titles
  • advising on Consumer Credit Code compliance
  • providing financial institutions with general banking litigation advice
  • advising mortgagees who enter into possession as a controller
  • unsecured debt recovery work
  • negotiating skills
  • alternate dispute resolution
  • dealing with abandoned goods
  • dealing with deceased estates
  • personal bankruptcy and corporate insolvency and wind-up litigation.

Additional Services

As a part of our legal services, we are also able to offer complementary benefits to our clients including access to our cutting edge technology and training such as:

  • an extranet system that is accessible 24/7 from any site using a secure password
  • systems that allow clients to monitor the progress of recovery matters at any stage throughout the recovery lifecycle and which are designed to save time and cost, enhance collaboration and improve business performance
  • conducting structured workshops for clients on recovery topics
  • providing regular updates on changes to laws affecting our clients
  • making introductions to other clients where synergies may evolve, particularly where business development may result
  • providing after hours contact where required.

Team Strength

Our senior team members are supported by a number of skilled law clerks with many years of experience in recoveries, permitting work to be conducted cost effectively at the correct level. 

Experience

Our team acts for a broad range of lenders including banks, non bank financial institutions, mortgage originators and private lenders. Some recent matters we have worked on include: 

  • acting for several privately owned property investment companies in enforcing the terms of leases for non-payment of rent, securing vacant possession, advising on strategies and recovery proceedings against tenants after the appointment of liquidators or administrators by tenants, and handling recovery proceedings under lease guarantees against the directors of tenants in default 
  • acting for an institution regarding its adoption of the Basel II Operating Risk procedures, and reviewing and advising on the effectiveness of securities and ease of enforcement of securities 
  • acting for a major lender in relation to the take-out finance secured over a 155 room hotel ($25 million).

RELATED INFO

OUR PEOPLE

  • Wayne Kelcey
    Partner
  • Adrian Lasky
    Partner
  • Gino Potenza
    Partner
 

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