Litigation & Dispute Resolution

If you are involved in a legal dispute, it is important to obtain advice from experienced legal professionals as soon as possible. Disputes can quickly escalate and attempts to resolve them can become costly if not appropriately managed. Experience has taught us that providing our clients with our services early in a dispute often provides the most efficient and effective result.

We can assist with a range of civil disputes including:

  1. property disputes;
  2. commercial and retail leasing disputes;
  3. partnership disputes and dissolution of partnerships;
  4. debt recovery, insolvency, and bankruptcy proceedings;
  5. contract disputes, which include rectifying a breach of the terms of a contract or verbal agreement;
  6. consumer claims, such as unfair contracts, misrepresentation in the course of trade or unconscionable conduct;
  7. property damage claims;
  8. defamation proceedings;
  9. disputed estates and contested wills; and
  10. building and construction disputes.

Resolving your legal dispute

Legal disputes vary in complexity, and often require the assistance of legal professionals with experience in a range of legal practice areas. Our experienced litigation and dispute resolution team have working knowledge relating to many complex areas of law, and enjoy positive professional relationships with a network of other industry experts. Wherever possible, we attempt to resolve our clients’ problems before formal Court proceedings are commenced, to avoid the time and expense associated with a protracted dispute.

We keep our clients well informed at each stage of the dispute resolution process, which includes:

  1. meeting with you to obtain the relevant facts;
  2. identifying the relevant legal issues in dispute;
  3. considering and applying the relevant areas of law;
  4. assessing the strengths and weaknesses of each party’s respective legal position; and
  5. discussing your options and taking steps to ensure that, where possible, the dispute is resolved in your best interests.

Mediation

Using alternative dispute resolution processes such as mediation or arbitration can help to resolve legal issues without resorting to the formal Court proceedings.

Mediation involves a neutral third party (referred to as a Mediator) meeting with each of the parties to a dispute, and assisting them to reach a resolution. Mediations are strictly confidential to encourage parties to negotiate freely without fear that statements made will be used against them in Court. The Mediator does not provide legal advice, nor do they make a decision about the dispute.

Alternative dispute resolution processes are best used when the parties are willing to negotiate in good faith and make a genuine attempt to resolve the dispute. Even where mediation does not provide a resolution, it can still be helpful by identifying and narrowing-down the key issues.

Mediation can even be used for complex matters, which require the presence of lawyers and counsel, allowing the parties to review complex expert reports and other information relevant to the dispute which require careful consideration. If an outcome is reached the parties at mediation, they can formalise their agreement in legally binding document detailing the terms of the settlement.

Court Proceedings

Although we take all possible steps to resolve our clients’ matters before it is necessary for them to appear in Court, there are often cases where in order to reach a resolution which is in our client’s best interests, it is necessary to engage the litigation or formal dispute resolution process.

If you are involved in Court proceedings, it is important to understand the relevant processes, the outcomes which may be achieved, the likelihood of successfully prosecuting or defending a matter, and the costs associated resolving the matter.

Our team consists of experienced litigators who have worked in a range of civil disputes, each of whom regularly work closely with experienced barristers to provide specialised advice and strategy. We can provide a full assessment of your options, the risks involved in taking different courses of action, and will work together with you to develop cost-effective strategies specifically tailored to your circumstances.

If you need any assistance contact one of our lawyers at [email protected] or call 08 8212 1115 for a no-obligation discussion and for expert legal advice.