So you’ve got a fight on your hands.
Let’s face it, at some point you will be engaged in a dispute. It’s important to have a litigation lawyer who understands the situation and importantly, has a plan how to fix it. It’s critical that the plan be commercially sensible and takes into account your overall objective. If the situation calls for it, alternative dispute resolution should also not be ignored.
Disputes can manifest themselves in many different ways. It might be that someone owes you money. Or perhaps someone says you owe them money. There’s various ways in which recovery of a debt can be pursued. Equally, if a judgment’s obtained for the debt, enforcement methods vary. It’s not always a one size fits all approach.
Perhaps your reputation has been damaged by what someone has said (or is saying) about you. Maybe you’ve signed a contract and it hasn’t gone the way it was supposed to. It’s important to get all of the facts of the matter. A hole in the evidence can have disastrous consequences. A lawyer is only as good as the instructions they get from their client.
If you’re in a position where there is a dispute and you’ve had enough or taken it as far as you think you can, then contact us.
We will tell you if it’s a fight you can win or not.
All types of contractual disputes
Leases, building contracts, partnership agreements, guarantees, sale contracts, loan agreements. A contract is a legally binding agreement enforceable in a court of law, but not every agreement between two parties is a legally binding contract. We will tell you if it is or not.
You’ve been promised payment but are still empty handed. The account is now well outside your normal trading terms. We will evaluate your recovery options and act quickly and decisively.
Someone making defamatory remarks about you, even if to only one other person, is actionable. Before commencing proceedings, a ‘concerns notice’ should be issued to the person who is damaging your reputation. We can assist in preparing or defending such a notice and acting in any associated court action.
Be it dividing fences or overhanging trees or encroaching tree roots, we will help you navigate what’s required.
If you’ve been contacted by a government department and they’re saying you’ve caused serious environmental harm or an environmental nuisance because of waste or noise (or otherwise), contact us.
Fallen out with your partner? Have you received a notice of dissolution of partnership or want to issue one? The appointment of a receiver might be appropriate. Call us to discuss the best steps you should take.
Joint venture disputes
Have you got a joint venture agreement in place and if so, does it set out what should happen given the current dispute? What’s the profit-sharing arrangement? Get some advice on where things stand and what should happen before the joint venture becomes disjointed.
Commercial and residential leasing disputes
Have you received or want to issue a notice to remedy breach of covenant? If a landlord is seeking to lock you out, perhaps a relief against forfeiture order is required. These are only some of the issues that can arise in the event of a lease dispute. We assist both landlords and tenants.
Body corporate disputes
There’s a myriad of laws governing by-laws, conduct of meetings, financial management and other areas. We have extensive experience in disputes before QCAT and adjudications before the Body Corporate and Community Management Commissioner, and appeals therefrom.
Generally speaking, an easement gives one a right of way over the subject land or part of it but they do not give rise to a right of possession. Not all easements are alike however. Call us for advice on the associated rights and responsibilities.
These include things like caveats and easements mentioned above. Disputes between co-owners of land can get nasty, especially if it involves family members. If there is an issue about ownership of the land, it’s best to get some early advice.
If you are thinking of challenging or contesting a Will, or if you are the executor or beneficiary of a Will that is being challenged, we can assist.
Estate dispute resolution and contesting a Will
Sometimes, distributing the assets of a deceased’s estate is not straightforward. Claims against the estate need to be dealt with practically and sensitively. We can help.
Effective dispute resolution should be considered, implemented and adopted. There should be a dispute resolution clause in your employment contracts and if not, then typically the applicable award provides one.