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southerncross.jpg Diaspora Legal

Equity, Prosperity and Dispute Resolution Across Borders

Suing a debtor outside Australia

Some fixed price law firms advise that the only viable option is to use an experienced law firm in the particular country. Diaspora Legal's standing advice is that proper advice on your circumstances may be that an Australian court can give you a judgment enforceable against assets of the debtor. The answer is not one-size-fits-all.

The practical answer will depend upon where the debtor has assets, and whether the judgement of an Australian court can be easily enforced in that jurisdiction. Diaspora legal can provide advice on that question and your most appropriate debt recovery strategies.

Where appropriate, Diaspora Legal has established business relations with practitioners in a number of jurisdictions outside Australia and can assist you in liaison with those practitioners.

A fixed fee is generally not appropriate, as in some circumstances, such as when dealing with a large debt, more work is warranted and a fixed fee creates a tension which economists term 'moral hazard" between ethical obligations and doing the professionally required work. Diaspora will discuss and agree with you what is appropriate to your situation.