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F.A.Q.

a. Do Marsdens act on what is commonly known as a no win/no pay basis ?

Yes, depending on the facts and the circumstances. Often we find, even though we cannot act on what is also known as a speculative basis (spec), we can come to an arrangement with our client that accommodates their individual or corporate requirements.

If you would like us to act on a no win/no pay basis contact Grant Butterfield so he can assess your matter.  Contact Grant on gbutterfield@marsdens.net.au.

b. Can I recover my legal fees if I win ?

Yes. However NOTE WELL it is rarely 100% of what you have paid to your lawyer. In order to obtain the most favourable Costs Recovery Orders, it is important to consider structuring an offer early in the proceedings

 If you would like to discuss the recovery of your legal fees contact Grant Butterfield on gbutterfield@marsdens.net.au.

c. Do you charge by the hour ?

We recognise one of the biggest concerns with respect to commercial disputes is legal fees.

Whilst we do measure our costs per hour, in the majority of our matters we also provide at the start of the matter, a budget and range of fees for each stage of the litigation thereby providing some certainty as to fees and when they are to be paid.

 For further information on commercial disputes and legal fees contact Grant Butterfield on gbutterfield@marsdens.net.au.

d. Should I engage your firm if I only have a small dispute of $20,000.00 ?

Yes. When you meet with one of our Dispute Resolution lawyers you will be dealing with a person who does nothing else every day except resolving commercial disputes. That experience includes developing strategies to achieve discrete objectives in a wide variety of disputes, both in terms of complexity and dollar terms.

If after our first meeting you engage Marsdens, we will work with you to develop a plan and a budget to achieve the best outcome available whatever the amount in dispute.

If you would like to discuss a small dispute and what options are available to you, contact Grant Butterfield on gbutterfield@marsdens.net.au who can assist you with your dispute.

e. How do I know if I need a Commercial Litigator ?

We will tell you. The first and most important step is to ask. We will be able to determine if your matter is within our area of expertise at our first meeting. If it is not, we can introduce you to a lawyer from one of the other areas of law within the firm.

 If you are unsure as to whether you need a Commercial Litigator contact Grant Butterfield on gbutterfield@marsdens.net.au who can discuss your options with you.

f. Will I need to give evidence ?

Whilst it is often the case that you will need to give evidence, in many cases a person may not need to go into the witness box. Other witnesses might be called such as experts to prove your case, in addition to using business records.

 If you need advice in relation to giving evidence contact Grant Butterfield on gbutterfield@marsdens.net.au.
 

Marsdens Offices