Litigation
Disagreements are an everyday part of life, but if you become involved in a legal dispute that you cannot resolve, we can help. We are skilled negotiators and experienced advocates and can assist you in and out of the courtroom.
We can assist with a range of legal disputes including:
- contract disputes
- partnership disputes
- corporate / director / shareholder disputes
- disputes concerning mergers and acquisitions
- property and leasing matters
- debt recovery and insolvency disputes
- employment disputes
- copyright and intellectual property infringement
Alternative Dispute Resolution
Alternative dispute resolution (ADR) refers to various processes used to resolve different disputes without going to court. ADR processes are less formal than court proceedings and can include sending letters of demand to someone who owes you money, engaging in informal settlement conferences, or attending a mediation or conciliation. ADR also includes more formal procedures like arbitrations, which resembles court processes in some ways but tend to have less formalities and different rules.
Sometimes, a contract which is the subject of a dispute will require the parties to first try resolving their matter through mediation or arbitration before it can go to court. Similarly, it is common for parties to court proceedings to be directed to attend a settlement conference to try to resolve a dispute before it can be heard by a court.
ADR processes such as mediation are typically less expensive than court proceedings and can result in a quicker resolution of your matter. Because they are less formal, there is generally a lower threshold of evidence required, and the parties may be able to reach more flexible solutions than what might otherwise be ordered by a court. If mediation does not entirely resolve the matter, it may at least narrow the issues in dispute. Mediation is generally confidential. It can also help preserve relationships which can be otherwise destroyed in adversarial court proceedings.
Going to Court
Even with the best of intentions, sometimes you might have no choice but to go to court. When you find yourself in this situation it can be a stressful experience, whether you are bringing or defending proceedings.
Litigation is the process of enforcing your legal rights through the court system by commencing proceedings in a relevant court or tribunal with jurisdiction to hear and determine the disputed matter and order a remedy. Litigation starts with a “claim”, often a demand for payment of money or for the rectification of some form of agreement. If the other party does not comply with the request, the matter goes to a court for a judge (or other judicial officer such as a magistrate) to decide who is right. The court can make orders to enforce its decision, such as ordering compensation or garnishing wages to pay a debt.
Legal action must be commenced within a prescribed time, otherwise the claim will become statute barred.
Once an action commences in court, the parties must comply with practice directions and court processes regarding the filing and service of documents, participation in dispute resolution (where relevant), the format and filing of evidence and attendance at directions hearings, status conferences and pre-trial hearings.
Parties involved in litigation may settle the matter at any stage without proceeding to a final court hearing. In such cases they will need to enter into a deed of settlement and consent orders to dispose of the proceedings in court.
We provide tailored advice and cost-effective solutions for a range of legal disputes with the aim of keeping you away from court proceedings and protracted litigation, wherever possible. There may, however, be a time when litigation will be the best or only option to resolve your conflict. In that case we will fight hard to enforce your legal rights, engage expert assistance if required, and advocate strongly on your behalf.
If you need assistance contact [email protected] or call 07 3800 5055.