Our Expertise
Tax Debt Disputes
If you have a tax debt issue with the ATO, our tax debt dispute lawyers can help you negotiate or dispute it in an effective way.
Following COVID-19, the Australian Taxation Office (ATO) had begun to crack down on tax debts, specifically small business tax. At the end of January 2024, the ATO debt reports through small business BAS comprised roughly:
- $8.5 billion of unpaid GST;
- $8.1 billion of unpaid Pay As You Go Withholding (PAYGW);
- $5.5 billion of unpaid Pay As You Go Instalments (PAYGI); and
- $1.9 billion of unpaid Superannuation Guarantee.
This has resulted in a significant increase in director penalty notices (DPN), garnishee notices, and Court proceedings for the recovery of the debts. There are also more statutory demands and Federal Court proceedings to wind up companies occurring.
Tax debts are rather difficult to defend due to the ‘conclusive evidence rule’. This rule essentially says that if the ATO says you owe $150,000.00, then you owe $150,000.00. It is then up to you to demonstrate that you do not.
Our expert tax lawyers can assist by:
- Disputing a tax debt;
- Defending you in Court proceedings;
- Disputing a statutory demand or contesting a winding up application;
- Negotiating a resolution of a tax debt, including payment plans, deferrals, and remission requests.
At Odyssey Legal, we understand the critical timeframes involved in resolving tax debts, which require prompt action. Let’s initiate a free 15-minute consultation today to discuss your situation and plan a timely resolution or avenue forward to bring you peace of mind.
To contact a proactive tax debt lawyer on the Sunshine Coast, simply call or email us today.
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Click the enquiry button and complete your details. We will then contact you for a complimentary intake consultation to discuss your business, review your legal needs, and recommend the best tier for you. If it is a fit, we will send you a retainer agreement and get you set up within 48 hours.
Essential Support clients get 15% discount on court work. Business Shield clients get 20% discount. Complete Legal Shield get up to 3 concurrent legal proceedings included in their dispute management pack, with a 30% discount on any additional work.
We offer 6 or 12 month terms with longer options available. After that, you can cancel with 30 days' notice. This ensures we can build a real relationship with your business and provide meaningful value.
It depends on your situation. If you already know you need ongoing legal support, you can sign up for a retainer directly. But most businesses benefit from the audit first because it shows you exactly where you are exposed and helps us recommend the right tier for your needs.
Absolutely. You can upgrade or downgrade at any time. We will pro-rate the difference for the remainder of your billing cycle, so you are never paying for a tier that does not fit.
Yes, these templates are designed for use throughout Australia.
This is an entirely discretionary matter for you, in considering the costs, the benefit of having a lawyer draft a more tailored legal document (compared to a generalised template), the nature of the dispute or the complexity of your particular circumstances.
If you're unsure which path suits your situation, book our free 15-minute consultation – our lawyers can quickly assess whether a template meets your needs or if custom legal work is warranted.
Immediate Access & Speed
Get professional legal documents instantly – no waiting weeks for lawyer appointments or drafting delays. Download, customise, and issue the document the same day you need them, perfect for time-sensitive business situations.
Cost-Effective Professional Quality
Access the same protective clauses and legal language that typically cost thousands in legal fees, for a fraction of the price.
Complete Control & Flexibility
Customise documents to fit your exact needs without hourly legal fees for every small change. Make adjustments, add specific terms, and adapt templates as your business evolves – you're in the driver's seat.
Lawyer-Drafted Protection
Unlike generic online templates, ours are created by practising litigation and business lawyers who know what causes disputes. Get real legal protection with clauses designed to prevent the problems we see in court every day.
Scale Your Business
Perfect for growing businesses that need consistent, professional documentation. Use the same high-quality template for multiple clients, contractors, or suppliers without escalating legal costs.
Peace of Mind
Professional documentation protects your interests and demonstrates your business credibility to clients, partners, and financial institutions.
DIY templates are ideal for standard business situations with clear, straightforward terms – think service contracts, independent contractor agreements, confidentiality agreements, letters of demand, cease-and-desist letters, or website terms and conditions and privacy policies.
They're particularly valuable for small to medium businesses establishing professional documentation standards, startups building their legal foundation, or experienced business owners who understand their industry requirements. However, consider custom legal advice for high-value deals, complex partnerships, unusual circumstances, or when significant assets or regulatory compliance are at stake.
DIY legal templates offer the perfect middle ground between providing protection and expensive custom legal work. When you need professional-quality documentation quickly and affordably, our lawyer-drafted templates provide immediate access to the same protective clauses and legal language that cost thousands in traditional legal fees. You maintain complete control over timing and customisation, avoiding lengthy back-and-forth with lawyers for standard agreements. Perfect for time-sensitive opportunities, routine business contracts, or when you need multiple similar documents, DIY templates let you act fast while still protecting your interests.
Absolutely. The templates have been drafted to include the relevant information or clauses necessary to issue them, but are provide in a word document, to allow you to customise, incorporate additional clauses and/or make presentable (i.e. on your company letterhead).
Our templates are drafted by a practising litigation and business lawyer who has over a decade of experience, dealing with hundreds of disputes and protecting countless businesses. We include protective clauses that free templates often miss – the same clauses that prevent our litigation clients from ending up in court.
Absolutely. You’ll review the draft and can request any changes before we send it on your behalf.
Depending on the urgency and complexity, we can usually draft and issue a legal letter within 1–3 business days after receiving full instructions.
Yes, they can be sent by email, often with a “read receipt” for proof. In some cases (e.g. formal service), we may also send a hard copy via registered mail or process server.
Yes. Even though it’s not a court document, the stronger your supporting evidence (e.g. screenshots, contracts, communications), the more effective your letter will be.
Generally, no. This is because at the end of the day, it is still only a letter. However, in some circumstances, it may escalate the dispute.
If the conduct continues, you may proceed with legal action such as applying for an injunction, damages, or other remedies depending on the nature of the case.
No, they’re not binding like a Court order. But they often resolve disputes early by putting the other party on notice of the legal consequences of their actions.
It’s a formal notice demanding that someone immediately stop engaging in certain conduct, such as defamation, harassment, IP infringement, or breach of contract.
Most letters of demand allow 7–14 days for a response. If there’s no reply within that time, we’ll advise you on your options for escalating the matter.
It will depend; if the matter is resolved following the letter being issued (i.e. the debt is repaid), then it may be that you would be unable to recover these costs. However, in certain circumstances, if Court proceedings are required, then you may be able to recover these costs.
If no response or payment is received by the deadline, you may proceed with legal action such as court proceedings or adjudication, depending on the matter.
While not mandatory, a lawyer-drafted letter is more persuasive and reduces the risk of legal or procedural errors. It signals that you’re serious and prepared to take further action if necessary.
Insolvent trading occurs when directors allow a company to incur debts when it is already insolvent. This can lead to personal liability for those debts.
Generally, directors are not personally liable. However, they may be held accountable for insolvent trading, breaches of duty, or personal guarantees.
The liquidator investigates the company’s affairs, recovers assets, pays creditors, and ensures a fair and legal winding-up process.
Liquidation can be initiated by the company’s directors, shareholders, or by a court order following a winding up application by a creditor.
When a company is insolvent and cannot pay its debts, or continuing operations will worsen the situation, directors may opt for liquidation to protect stakeholders' interests. It is imperative to take proactive steps and obtain advice promptly.
Voluntary administration is a process where an external administrator takes control of a financially troubled company to assess its viability and propose a plan to save the business or maximise returns to creditors.
The main types are:
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Creditors' Voluntary Liquidation (CVL): Initiated by insolvent companies.
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Court-Ordered Liquidation: Ordered by the court following an application from a creditor.
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Members' Voluntary Liquidation (MVL): For solvent companies that choose to close operations.
Odyssey Legal provides expert legal advice on bankruptcy and insolvency issues, helping clients explore alternatives, understand their rights and obligations, and navigate the legal processes involved.
Yes, if you owe $10,000 or more, a creditor can apply to the Court to make you bankrupt. This process involves serving a bankruptcy notice and, if unresolved, filing a creditor's petition with the Court.
The process involves submitting a Bankruptcy Form to the Australian Financial Security Authority (AFSA). Once accepted, a trustee is appointed to manage your bankruptcy.
Some professions have restrictions for bankrupt individuals. It's essential to check with your industry regulator or professional association to understand any implications.
Traveling overseas during bankruptcy requires written permission from your trustee. Unauthorised travel can lead to penalties or an extension of the bankruptcy period.
Certain assets are protected, including household items, tools of trade up to a specific value, and a vehicle up to a certain value. However, assets like real estate or investments may be sold to repay creditors.
Bankruptcy typically lasts for three years and one day from the date your bankruptcy is accepted. However, it can be extended in certain circumstances, such as non-compliance with obligations.
A debt agreement is a formal arrangement between you and your creditors to repay a percentage of your debts over time. It's a legally binding agreement that can provide relief from unmanageable debts.
Yes, alternatives include debt agreements, personal insolvency agreements, or informal arrangements with creditors. These options can help manage debts without the severe implications of bankruptcy
Declaring bankruptcy can impact your credit rating, restrict your ability to obtain credit, and may result in the loss of assets. It also imposes certain obligations, such as informing your trustee of changes in your financial circumstances.
You may be insolvent if you can't pay your debts when they're due, your liabilities exceed your assets, or you're unable to obtain financing to meet your obligations. It's crucial to assess your financial situation and seek professional advice if you suspect insolvency.
Bankruptcy refers to a legal process where an individual is declared unable to pay their debts, while insolvency is a broader term indicating a person's or company's inability to meet financial obligations as they come due. Insolvency can lead to bankruptcy for individuals or liquidation for companies.
Upon receiving a tax debt notice:
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Review the details carefully.
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Seek legal advice promptly.
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Engage with the ATO to discuss payment options or dispute mechanisms.
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Avoid ignoring the notice, as delays can lead to escalated recovery actions.
Odyssey Legal provides expert legal advice and representation in tax debt disputes, helping clients navigate the objection process, negotiate payment arrangements, and represent them in tribunals or courts if necessary.
Yes, you can request the ATO to remit (reduce or cancel) penalties and interest charges if there are valid reasons, such as exceptional circumstances or administrative errors.
Ignoring a tax debt can lead to serious consequences, including:
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Legal action and court proceedings.
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Garnishee notices on your bank accounts.
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Director penalty notices for company directors.
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Bankruptcy or winding-up proceedings.
Yes, the ATO offers payment plans based on your financial situation. It's advisable to engage early and provide accurate financial information to negotiate favorable terms. The ATO also offers alternative avenues for resolution, including remission requests or deferred payment requests.
The process typically involves:
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Reviewing the ATO's decision and gathering relevant documentation.
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Lodging a formal objection within the stipulated time frame.
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Engaging in dispute resolution processes, such as in-house facilitation or independent review.
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If unresolved, appealing to the Administrative Appeals Tribunal or Federal Court.
Yes, if you believe the ATO has made an incorrect decision regarding your tax liability, you can lodge an objection or seek a review of the decision.
A tax debt dispute arises when a taxpayer disagrees with the Australian Taxation Office (ATO) regarding the amount of tax owed, including assessments, penalties, or interest charges.
We provide comprehensive legal assistance, from business setup and contract drafting to dispute resolution and compliance guidance. Whether it is once off support or ongoing support (retainer), we can assist with it all.
Options include negotiation, mediation, arbitration, or litigation, depending on the dispute's nature and severity.
Implement privacy policies aligned with the Privacy Act 1988, especially if handling personal customer data.
Businesses must guarantee products and services, avoid misleading conduct, and ensure product safety standards are met.
Essential elements include clear terms, obligations of parties, dispute resolution mechanisms, and termination clauses.
Register trademarks, patents, or designs as appropriate, and implement confidentiality agreements to safeguard your IP assets.
It's advisable to seek legal advice when drafting contracts, handling disputes, protecting intellectual property, or navigating regulatory compliance.
Selecting between a sole trader, partnership, company, or trust depends on factors like liability, taxation, and operational control. Legal and financial advice can help determine the best fit for your goals.
Business law encompasses the legal rules that govern commercial interactions, including contracts, employment, and compliance. It's crucial for protecting your business interests and ensuring lawful operations.
We provide expert legal advice and representation to help you obtain and enforce Peace and Good Behaviour Orders, or alternatively, help contest the orders sought.
While not mandatory, having a lawyer can help navigate the process effectively.
The respondent can face a penalty of a fine or a imprisonment.
The duration is determined by the court based on the circumstances.
Yes, they have the right to attend the hearing and contest the order sought.
The Court will set a hearing date, and the respondent will be served with the summons. At this the Hearing, the Court will query whether the respondent accepts or contests the order. Subject to the respondents decision, the Court will either make the order (if accepted) or set directions for the progress of the proceedings (if contested).
Yes, providing evidence like witness statements or recordings strengthens your case.
You need to file a complaint and summons at the Magistrates Court detailing the threats or behavior.
If someone has threatened to harm you or your property, you can apply to the Magistrates Court.
It's a court order requiring someone to refrain from threatening or violent behavior towards you.
We offer comprehensive legal services to navigate and resolve civil disputes efficiently.
You may be required to pay damages and the other party's legal costs.
It's a pre-trial phase where both parties exchange relevant information and evidence, in their possession, that relates to an issue in dispute.
While possible, having legal representation reduces the risk of non-compliance and losing your ability to maintain your case.
They guide clients through the legal process, represent them in legal proceedings, and aim for favorable outcomes.
Relief can include monetary compensation, injunctions, or specific performance orders.
Yes, through initial demands, cease-and-desist letters, negotiation, mediation, or arbitration.
Time limits vary depending on the type of claim; it's essential to seek legal advice promptly.
It will depend on whether the claim is filed with QCAT or through the Courts. In both instances, an initiating document needs to be filed with the Court and then served on the other parties. The processes then allow the other party to respond, allow for evidence to be disclosed, some form of alternative dispute resolution (mediation or compulsory conference) and a trial.
Civil litigation is a broad term that covers a variety of disputes, including but not limited to:
- property damage;
- defamation;
- negligence;
- insurance disputes;
- nuisance;
- private trespass (to person and land); and
- administrative reviews or appeals.
We provide expert legal representation and strategic advice to resolve commercial disputes effectively.
Yes, the Courts may order the losing party to pay the winning party's legal costs.
Strong evidence supports your case and can influence the outcome significantly.
By having clear contracts, maintaining good records, and seeking legal advice proactively.
Contract breaches, shareholder disputes, intellectual property issues, building and construction disputes or Australian Consumer law claims.
They provide legal advice, represent clients in court, and aim to resolve disputes efficiently.
Yes, through alternative dispute resolution methods like mediation or arbitration, or through informal processes like letters of demands, cease-and-desist letters or negotiations.
The duration varies depending on the complexity of the case, court schedules, and other factors.
When disputes cannot be resolved through negotiation or alternative dispute resolution methods, litigation may be necessary to protect business interests.
Commercial litigation involves legal disputes arising from business and commercial relationships, including contract breaches, partnership disputes, and more.
Clear agreements, defined roles, and exit strategies are essential to safeguard interests in joint ventures.
It's a contract outlining the rights and obligations of shareholders, often including dispute resolution procedures.
Yes, ADR methods like mediation and arbitration are often effective in resolving corporate disputes without litigation.
ASIC regulates corporate behaviour and can investigate and prosecute breaches of corporate law.
The Act governs corporate conduct in Australia, providing mechanisms for resolving internal disputes and enforcing directors' duties.
Oppression occurs when actions taken by the majority shareholders or corporate officers that unfairly prejudice the interests of minority shareholders.
Yes, if directors breach their director duties under the Corporations Act 2001 (Cth) or engage in misconduct, they can be personally liable for resulting losses.
It's a legal action initiated by a shareholder on behalf of the company against directors or third parties for wrongdoing.
Resolution methods for shareholder disputes include negotiation, mediation, buyouts, or court proceedings, depending on the dispute's nature.
Corporate disputes may involve shareholder disagreements, director conflicts, breaches of fiduciary duties, and issues arising from mergers or acquisitions.
Our team provides tailored strategies for debt recovery, including negotiations, legal proceedings, and enforcement actions.
If the company debtor is in liquidation, then you may lodge a proof of debt to seek payment from the liquidation. However, unsecured creditors usually only obtain a nominal (if any) payout from the liquidation process.
Alternatives to court proceedings to recover debts include QCAT, a letter of demand, mediation, arbitration, or negotiations.
Enforcement options vary and are dependent on whether the debtor is an individual or a company. If the debtor is an individual, then enforcement options include (without limitation) enforcement warrants for seizure and sale of property or redirection from financial institutions or bankruptcy proceedings. If the debtor is a company, then enforcement options include (without limitation) enforcement warrants for seizure and sale of company property or a statutory demand and wind up proceedings.
If the debtor doesn't respond to a claim, the court may (upon application) issue a default judgment in your favour, allowing enforcement actions.
If court proceedings have been commenced and you are the successful party, then you are often entitled to legal costs. The general principle is that costs follow the event.
In Queensland, the limitation period is generally six years from the date the debt became due. However, the limitation period may be reset if payment is made towards the debt or the debtor acknowledges the debt.
If informal attempts fail and the debt is significant, legal action may be appropriate to recover the amount owed.
A Letter of Demand is a formal written notice requesting payment or action, usually issued before starting legal proceedings. It outlines the debt or issue, your legal position, and a deadline for the recipient to comply. It is often the first step in the debt recovery process to try and resolve the dispute without legal proceedings.
If your contract specifies interest charges for late payments or outstanding debts, you can enforce them.
The debt recovery process can vary but includes issuing a letter of demand, commencing proceedings in civil & administrative tribunal (QCAT or otherwise) or court, or negotiating a settlement agreement.
We offer comprehensive legal services, including contract reviews, advice, dispute resolution, and representation in tribunals or courts.
Statutory warranties are legal obligations under the Queensland Building and Construction Commission Act 1991 (and other legislation) imposed on builders to ensure work meets certain standards and incorporated into building contracts.
If you are a builder or contractor and you receive a defective building work notice, steps should be taken to investigate the works, and if defective, promptly rectify the defects. In addition, legal advice should be obtained to understand your rights and obligations.
Subject to the building contract, yes, it is possible to claim liquidated damages (or general damages) for delays beyond the practical completion date.
Adjudication is a fast-track dispute resolution process for payment claims in the construction industry, providing binding decisions.
Timeframes vary: If making a complaint to the QBCC, structural defects typically have a six-year and six-month period, while non-structural defects have shorter periods (i.e seven months from the practical completion date). However, if you are wanting to commence proceedings for defective works (breach of contract), it must be commenced within six years of the breach occurring.
A building defect refers to work that doesn't meet the required standards, including structural issues, poor workmanship, or non-compliance with plans.
Termination of a building contract is possible under the terms of the contract, under common law, or for acceptance of repudiation if a substantial breach of the contract occurs. However, not all breaches will give rise to the right to terminate the contract. If the contract is unlawfully terminated, the other party could seek damages. It is therefore crucial to seek legal advice before terminating a contract.
The Queensland Building and Construction Commission (QBCC) regulates the building industry and offers dispute resolution services for homeowners and contractors.
Alternative Dispute Resolution (ADR) methods like mediation, arbitration, or adjudication can be effective in resolving building & construction disputes amicably.
Building & Construction Disputes often arise from contract breaches, defective work, delays, and payment issues between builders, contractors, and clients.
Our team provides expert advice and representation on defamation matters, including drafting or responding to Concerns Notices, negotiating settlements, and commencing or defending proceedings before the Court.
Document the defamatory content, avoid responding publicly, and seek legal advice promptly to explore your options surrounding a defamation claim or action.
Yes, republishing or sharing defamatory material can make you liable for defamation, even if you weren't the original author.
Absolutely. Online publications, including social media posts, blogs, and comments, are subject to the Defamations Act 2005 (Qld) and, in other states, the relevant uniform legislation will apply to social media posts.
Yes, a small business with under 10 employees or a not-for-profit organisation can sue for defamation. However, medium to large businesses with more than 10 employees cannot commence action for defamation, but they may be able to commence proceedings for tortious interference.
Generally, within 12 months of publication. But in certain (strict) circumstances, this timeframe can be extended up to three (3) years.
Depending on the severity of the publication in your defamation claim, you may be entitled to claim damages for economic loss (i.e. loss of business), non-economic loss (i.e. damages for stress, anxiety, PTSD) and aggravated damages.
Yes, common defences to defamation claims include truth (justification), honest opinion, absolute privilege, and qualified privilege.
To prove serious harm in a defamation claim, you must demonstrate significant reputational or financial damage. This can be economic loss, including (without limitation) loss of employment, loss of clients, or a downtrend in client enquiries, which may be able to be obtained from an accountant or other expert that can demonstrate the loss.
Non-economic loss including (without limitation) damages for stress, anxiety, PTSD, or otherwise, resulting from the publication, which may be able to be obtained from a treating psychiatrist or psychologist.
You must demonstrate that the publication was defamatory, referred to you (expressly or that it can be reasonably inferred), and was communicated to third parties. Additionally, you need to show that it caused serious harm to your reputation.
Defamation is the publishing (verbally, in writing, or in other form) by the publisher of unsubstantiated facts about an individual (aggrieved) to a third party, which damages the reputation of the aggrieved, causing them to suffer loss or damages.
The Concerns Notice is a prerequisite for an aggrieved party wishing to commence proceedings under the Defamation Act 2005 (Qld).
The Concerns Notice is the foundation for any defamation proceedings, and consequently, if the Concerns Notice does not meet the specific requirements under the Defamation Act 2005 (Qld) and is deficient or incorrectly served, then this could mean that any proceedings commenced by you could be struck out or dismissed and you could be liable for the publishers’ legal costs.
This is why it is imperative that the Concerns Notice is drafted and served in compliance with the Defamation Act 2005 (Qld).
In compliance with the Defamation Act 2005 (Qld), prior to commencing proceedings, the aggrieved party must issue a Concerns Notice to the publisher. The publisher will then generally have 28 days to make an offer to make amends. If the publisher fails to do so, or the offer to make amends is insufficient, then the aggrieved may commence defamation proceedings.
We are based on the Sunshine Coast, however, we can provide legal assistance and services throughout all of Queensland.
This is completely understandable. Our lawyers have worked on the Sunshine Coast for an extended period and have established various connections with other firms. As such, even if your enquiry does not fall within an area we practise in, there is a good chance that we will be able to point you in the right direction and refer you to firm that can assist you.
If you are asking yourself this question, then it is likely you may need a lawyer.
As litigation lawyers, we have seen a variety of disputes that could have been easily avoided if the parties had obtained legal advice or assistance from the outset. Simply obtaining advice initially could mitigate the risk of a dispute arising or the parties incurring substantive legal costs.
If you are still on the fence, then it may simply be beneficial to book in a free 15-minute consultation and speak with our lawyers to discuss your matter. These consultations do not lock you into an agreement with Odyssey Legal and there is no requirement to proceed with us, unless you wish to engage us.
Unfortunately, no. Our firm operates on a fee-paying basis.
We deal with all areas of Litigation and Dispute resolution, including but not limited to:
1. Defamation Disputes;
2. Building and Construction Disputes;
3. Peace and Good Behaviour Disputes;
4. Debt Recovery;
5. Bankruptcy and Corporate Insolvency;
6. Civil and Personal Litigation;
7. Commercial Litigation; and
8. Tax Debt Dispute.
The above are broad terms which encapsulate various disputes. All of which, we can assist with.
Unfortunately, we do not practise in conveyancing (residential, commercial or business), criminal law, domestic violence, employment law, family law or personal.
At Odyssey Legal, we pride ourselves on being exceptional in the areas we practise in, to provide a better service to our clients.
Unfortunately, this is very dependent on your circumstances and the assistance required.
At Odyssey Legal, we provide an estimate of fees for any initial scope of work, as to provide you with transparency. Once the matter progresses past the initial scope of work, the costs that may be incurred are subject to the work you instruct us to perform.
Pursuant to section 308 of the Legal Professions Act 2007 (Qld), all law firms are required to disclose the possible costs that may be incurred and your rights regarding legal costs. As such, once you become a client of Odyssey Legal, we will issue our Costs Disclosure and Costs Agreement, which provides an estimate range of costs that may be incurred in the various stages of your matter. This does not mean that your matter will necessarily incur these costs, we simply must make you aware of the possible costs that could be incurred.
At Odyssey Legal, we understand that litigation is inherently stressful and therefore, we pride ourselves on providing transparent regarding your legal costs, so that we do not add to the stress.
Our hourly rates for lawyers are $550.00 (excl. GST) for our Legal Practice Director, Partner or Senior Lawyer and $450.00 (excl. GST) for a Lawyer or Associate. A full breakdown of costs is contained in our Costs Disclosure and Costs Agreement, which will be issued upon you engaging Odyssey Legal.
