Areas of Expertise
March 3, 2017
David. J. Weinberg, Lawyer
“There’s no fight quite like a family fight”, and “sibling rivalry is a special kind of conflict”.
I acted in a case where the surviving parent (a father) died and left a Will. The Will made both surviving children, let’s call them “John” and “Jane”, equal executors and...
October 26, 2016
Welcome to the beginning of the series on Law Stories.
These are my war stories, with lessons learned from the battlefield of the Courtroom.
My own practice began with a client (let’s call him John) who spurned his former lover. No – this wasn’t a case about a divorce or...
October 13, 2016
The final entry in this enforcement series concerns the ‘garnishee’ order.
A ‘garnishee order’, with various equivalent terms Australia-wide, is where the Court has ordered that John Smith (the bad guy) pay you money, but he doesn’t have any! Rather than continuing to w...
September 13, 2016
A further available enforcement option, when you have a Court or Tribunal judgment but no money, is to direct the bailiff, sheriff (or similarly named person) (“enforcer”) to seize goods to the value of your judgment, plus costs.
Throughout Australia, the role of the en...
June 17, 2016
David J Weinberg, Lawyer
You still don’t have your money.
Don’t wring your hands in despair. Just ask ‘What would Weinberg do?’
Sue them! That means draft, file and serve court proceedings.
What happens at Court will unfold in one of two ways.
Often, based upon a complex consideration of a range o...
May 31, 2016
You have followed your internal procedures and feel like giving the bad guy more breathing room – after all, he has promised to pay you, this time …
Well, you tried your best and that is to be respected. But, just like you get an electrician to repair faulty wiring in...
May 25, 2016
Your best efforts have worked in some cases, but not others.
The nice chat hasn’t worked this time. It’s time to escalate matters.
This is when your own internal recovery process should kick in.
When you have waited enough time after making one telephone call to the ba...
You have stopped the bleeding (what in legalese is known as ‘mitigating your exposure’).
So, now what?
It’s always a good idea to play nice – at the start. That means the day following the expiry of your outstanding invoice – when you should have received your money –...
These are familiar sighs that, as solicitor specializing in debt prevention and recovery for nearly 15 years Australia-wide, I have heard all too well and continue to hear with increasing frequency.
Whoever and wherever you are, the feelings are the same. So is the proc...
Bullies, Rogues and Others who Try to Rain on your Parade
October 24, 2018
They owe me money! I need my money!
Protect yourself against the Wolf in Sheep’s Clothing in 2019 and beyond
January 11, 2019
Foresee the future – so that you win now
December 5, 2019
What if it’s not in writing?
November 6, 2019