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FinTrace guides including Strike Out: Defective Claims and Defences. Browse page 14 of 26 of the FinTrace blog.
Guides
- Strike Out: Defective Claims and Defences
Is the pleading defective or the claim unsustainable? Identify the strike-out route, answer the alleged defect and check whether amendment remains open.
- ROCAP: Complete and Check the Company Report
Complete a ROCAP with supported asset and liability schedules. Reconcile the records, separate confidential answers and check the lodgement package.
- Suppression Orders: Grounds, Scope and Compliance
Seeking to protect financial evidence in court? Check suppression order grounds, affected material and permitted use, then verify the operative terms.
- Notice of Motion: Orders, Evidence and Service
Need an order in an existing case? Prepare a notice of motion with precise relief, supporting evidence and valid service, then check the entered result.
- Letter of Wishes: Drafting and Legal Effect
Does a letter of wishes bind an executor or trustee? Separate a statement of wishes from the will and prepare clear guidance for estate decisions.
- Deeds of Novation: Consent, Balances and Handover
Replacing a contracting party by novation? Identify the required consent, separate accrued balances and verify which obligations move to the new party.
- Deeds of Variation: Terms, Execution and Records
Changing an existing agreement by deed? Identify the operative terms, obtain the required consent and verify the new obligations against the records.
- Witness Statements: Facts, Records and Trial Use
Prepare a witness statement that separates memory, records and inference. Check the witness’s own account, exhibits and trial directions before service.
- Interrogatories: Questions, Answers and Objections
Need sworn answers about a disputed payment? Check the interrogatories route, draft focused questions and test the replies against the financial records.
- Enforceable Undertakings: Terms and Compliance
Considering an enforceable undertaking? Identify the regulator’s power, agreed commitments and reporting evidence, then check performance and default.
- Circular Resolutions and Board Minutes
Need a reliable company decision record? Prepare a circular resolution or board minutes, verify approval and preserve the evidence behind financial acts.
- Default Judgment: Debt Evidence and Set-Aside
No defence filed? Check service, the debt balance and the default judgment route, then prepare the evidence needed for entry or a set-aside application.
- Default Notices: Arrears, Service and Enforcement
Check a default notice against the breach, arrears, service and remedy opportunity, distinguishing debt enforcement from a proposed credit default listing.
- Deeds of Assignment: Rights and Completion Checks
Assigning an identified right by deed? Check the transfer chain, schedules, notices and completion evidence before relying on the new holder’s claim.
- Joint Venture Agreements: Terms and Financial Records
Review an Australian joint venture agreement from funding and control to accounts, distributions and exit, with contract terms tied to the parties.
- Specific Performance: Prove the Required Act
Can the contract be performed rather than replaced by damages? Assess specific performance through the promise, your readiness and workable orders.
- Substituted Service: Application and Proof
When personal service fails, prepare a substituted service application, carry out the authorised method and check the proof before seeking orders.
- Deeds of Indemnity: Scope, Claims and Limit Checks
An indemnity deed allocates specified exposure. Check the protected party, covered liabilities, exclusions and claim procedure before relying on payment.
- General Security Agreements: Terms and Evidence
Checking a general security agreement? Identify the secured obligations and collateral, verify authority and preserve execution and registration evidence.
- AFSA Indexed Amounts: Practitioner Reference 2026
Find the AFSA indexed amount for bankruptcy income, protected property or a debt agreement, and check which published schedule fits your assessment.
- Life Interests in Property: Rights and Estate Accounts
A life interest in property separates present enjoyment from the remainder, with the instrument governing occupation, outgoings, income and capital.
- Delbridge Forensic Accounting Alternatives: Australia
Need Delbridge alternatives for bank records? Compare a statement-analysis handover with a broader engagement and separate expert accounting opinions.
- StrongSuit Alternatives for Statement Analysis 2026
Need StrongSuit alternatives for a financial matter? Compare a completed statement-analysis handover with running legal AI, including scope and review.
- FinTrace vs Claude for Bank Statements 2026
FinTrace vs Claude for bank statements: weigh a defined analysis service against supervised AI document work, with source checks and clear deliverables.