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Counterclaim recoveries

Has the supplier already reimbursed part of your proposed counterclaim?

Prevent double recovery in counterclaim schedules by mapping prior credits and reimbursements to claimed loss components.
Corporate Recovery Partners
CRP Paul avatar beside DEDUCT THE RECOVERY ALREADY MADE and Reconcile credits and reimbursements against the same loss before presenting a statutory demand counterclaim. on a monochrome 1609 cover.
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The loss schedule needs its recovery history

Your company receives a statutory demand and prepares a counterclaim for costs caused by the supplier's work. Before sending the total to the lawyer, identify any credits, reimbursements or other amounts already received for the same loss. An old cost schedule may overstate what remains unresolved if it has never been updated after earlier adjustments.

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Match the adjustment to the particular cost

Imagine a contractor claiming replacement materials and repair labour. The supplier previously reimbursed the materials but rejected the labour claim. Show the original material expense, the reimbursement and the labour records separately. Do not remove the entire complaint because one part was paid, or leave the reimbursed amount in the total simply because the dispute continued.

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Keep the underlying records accurate

business.gov.au recommends accurate business transaction records. Use the credit notes, remittances, bank receipts and correspondence to explain what each adjustment relates to. A payment reference saying goodwill may require clarification from the documents and legal advice. The accounting record should preserve the actual transaction rather than silently reclassifying it to strengthen the proposed claim.

Source: business.gov.au: Record keeping

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Distinguish unrelated credits

The supplier may also have corrected an overcharge on a different delivery. Identify that separately instead of deducting every credit from the counterclaim indiscriminately. Ask the accountant to reconcile the ledger and the lawyer to assess the legal effect of the relevant arrangements. A clear component-by-component schedule is more useful than a single net figure with no explanation.

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Include recovery from other sources

Tell the lawyer about any insurance payment, customer contribution or third-party reimbursement connected with the claimed loss. Do not assume these amounts can be ignored or mechanically deducted without advice. Provide the relevant terms and dates. In the repair example, who ultimately bore the expense may be more complicated than the name on the initial invoice suggests.

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Update the lawyer without delaying the response

Provide the reconciled schedule promptly, marking uncertain allocations and outstanding documents. Ask the lawyer to confirm the statutory demand response requirements and timetable. The purpose is to present the remaining claim accurately, not to promise that the revised total defeats the demand. Keep a dated version of the calculation so later corrections and their reasons remain visible.

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