For over 50 years, tens of thousands of our clients have entrusted us to solve their problems. Dispute Resolution has proved an effective solution for our clients without surprises or breaking the bank.
Our ethos is to find a commercial and strategic solution to your problems in a cost conscious manner. We work to your objectives to deliver the best possible result. Our team is equally as adept at assisting you to avoid a dispute escalating to a court room as they are representing you in Court.
We have represented clients all over Australia (and overseas) and regularly appear in all NSW and Federal Courts and Tribunals.
No. However, the court will welcome settlement negotiations to avoid unnecessary litigation if the parties can come to a settlement. The court has a duty to give ‘just, quick and cheap’ determinations on disputes. As an effect of this, courts may from time to time direct parties to engage in mediations or conciliation conferences to circumvent the need for litigation.
There are a number of alternative dispute resolution methods in which disputes can be resolved which don’t involve the significant costs of or drawn out time periods associated with litigation.
Most modern form contracts will contain a dispute resolution clause setting out the contracted resolution process that the parties agree to follow should a dispute arise.
Some of the ways in which disputes can be resolved include:
Before you decide to commence court proceedings against another party, contact our Dispute Resolution department on (02) 9233 1133 to discuss any requirements you might be obligated to consider regarding ADR options before litigation.
Should you receive a document produced by the court addressed to you, it is likely that you will have to take some action to fulfil the request or order of the court.
If you are served with a Statement of Claim, it means that the other party (Plaintiff) has commenced court proceedings against you and is taking legal steps to resolve the dispute.
There are a number of steps you can take once the Plaintiff serves you with a statement of claim. These include:
You will need to act promptly and seek legal advice so as to avoid the Court making a judgment against you. If you have recently been served with a Statement of Claim or would like to talk to one of our Dispute Resolution lawyers about preparing a Statement of Claim, give us a call on (02) 9233 1133.
There is no definitive period of time a dispute may be before a court. The time frame for a matter to be heard before a Court will depend on the complexity of the claim or defence and volume of evidence needed to prosecute the claim or defence. This process can vary greatly and is usually timetabled by the court to ensure that the litigation processes in a timely manner.
Subject to the type of matter and which court it is being heard in, we can provide advice from experience as to the approximate duration, however, this maybe subject to change throughout the matter. In addition there is always the prospect of a matter being appealed after the first instance Judgment is delivered which can effect the length of time a matters requires to be brought to a final conclusion.
Reaching a settlement outside of court invariably avoids or reduces the need for lengthy, costly and distracting disputes before the court.
These are a few key terms in relation to costs and cost orders that can be made and are frequently used in litigation. These include:
If you would like to talk to one of our Dispute Resolution lawyers further about the issue of cost orders in litigation, give us a call on (02) 9233 1133.
Once a Judgment is made by a Court in your favour, there are a number of options available to you to enforce the judgment and attempt to recover the debt. These processes include:
If you are unsuccessful in recovering the debt using the above processes and the debt is for more than $5,000, our Dispute Resolution team can assist you in preparing bankruptcy proceedings in the case where the debtor is an individual or in the case where the debtor is a company, preparation of winding up proceedings including a Creditor’s Statutory Demand.
Contact us on 02 4626 5077 and speak with one or our team, the first 15 minutes are free.
If ever you are served with court documents requiring you to comply with a direction of the court, or to respond to a claim, you should contact us as soon as possible. In most cases, if you receive court documents addressed to you, you will be required to act to comply with the courts request. This could vary from a court ordered request to provide evidence in person or by providing documents, filing a Defence to state your position against a claim and many other requests.
It is always important to obtain legal advice in situations where you are unsure of what you are required to do.
There is a standard form of Court procedure to follow where you or another party (the Plaintiff) has made a claim and filed it with the Court.
The sum and nature of the claim will determine whether the claim is filed in the Local, District, Supreme Court or Tribunal. There are different filing fees associated with each Court/Tribunal.
Generally, the order of events in order to see a matter through to its determination is:
If you have recently become involved in a legal dispute and need assistance with the process of going to Court and would like to talk to one of our Dispute Resolution lawyers, give us a call on (02) 9233 1133.
If you are looking at commencing a Court action or have found yourself a party to legal proceedings, it is important to understand that litigation is costly and there may be various costs you have to pay along the way.
Some of the costs you will have to pay should court proceedings be commenced include:
These costs may affect whether you choose to commence court proceedings or the way in which you might defend court proceedings. If you would like to talk to one of our Dispute Resolution lawyers further about the issue of costs, give us a call on (02) 9233 1133.
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