Disputes are often costly and time-consuming, especially when they proceed to court. Our experienced team can help arm you with the right strategy in providing a timely and cost-effective solution to your legal dispute. We will always look to the most effective way to resolve your case in terms of cost and outcome.
If you are involved in a legal dispute, using an alternative dispute resolution process is usually a viable option to resolve your case. Negotiation and mediation can provide a cost-effective solution to a legal problem without the parties having to go to court.
Mediation involves a neutral person (a mediator) meeting with the parties to a dispute and assisting them to reach a resolution. The meeting is generally confidential, and the mediator does not provide legal advice, nor does the mediator determine the dispute.
Mediation is best used when the parties are willing to negotiate in good faith and make genuine attempts to resolve the dispute. Even if the mediation does not entirely resolve the matter, it can at least identify the issues in dispute and narrow the unresolved matters.
Mediation is ideal even for highly complex cases where reports by experts may also be used for the process. If an agreement is reached the parties can formalise their negotiations be entering into terms of settlement.
If a party to a contract fails to comply with its obligations or breaches the terms of the contract in any other way, this will often give rise to a dispute between the parties.
The extent of the dispute will depend on the nature of the breach and type of contract. If a substantial breach has occurred, where a party fails to perform a fundamental obligation under the contract, then the other party may be able to terminate the contract and recover damages.
Contract disputes often involve issues regarding the interpretation of the terms of the contract. A court may require that you attempt to resolve the dispute via alternative dispute resolution before proceeding to decide the matter in court.
If you are pursuing a builder for delays or defects in relation to the construction or renovation of your property, or if you are a builder subject to a claim, there are certain processes that can be used to resolve your building dispute.
Domestic Building Dispute Resolution Victoria (DBDRV) is usually the first port of call in resolving a domestic building dispute in Victoria. This agency assists parties in resolving disputes relating to defective or delayed building work and can provide conciliation services to help resolve the matter.
If the dispute is not resolved by the DBDRV, the parties can then apply to the Victorian Civil and Administrative Tribunal (VCAT) to decide the case. Disputes covered by VCAT include those related to domestic buildings such as alleged breaches of a builder’s obligations to carry out work in a proper and workmanlike manner and in accordance with the plans contained in their contract.
If you are seeking to recover a debt, it is important that the method of debt recovery does not result in legal fees and associated costs which exceed the debt owed.
Sometimes, a well-drafted letter of demand may be all that is needed to encourage a debtor to pay the debt in full, or at least, make acceptable arrangements to repay the amount in instalments. When negotiating with debtors, it is important to keep written records of discussions which can be referred to later should the agreed arrangements not be honoured.
A statutory demand may be the best means of recovering a debt owed by a company that exceeds $2,000. In such cases, a complying statutory demand is served upon the debtor company giving it 21 days to repay the debt. If the money is not repaid within this period, or the company fails to have the statutory demand set aside, the debtor will be presumed insolvent and winding up proceedings may be instituted against them.
The drafting and service of a statutory demand must comply with strict requirements and formalities so it is important to obtain legal advice should you wish to pursue this course.
An owner of intellectual property like a copyright has certain exclusive rights in relation to the work which they have created. If an owner’s rights are exercised by a third party without permission, or without a licence, this is deemed an infringement of their intellectual property.
If you believe your intellectual property has been infringed, a letter of demand which sets out your rights as a copyright owner, and the details of any potential recourse or remedies, may be an appropriate course of action.
Legal advice should be sought before a letter of demand is issued, as an intellectual property infringement is only for the improper use of intellectual property material if a ‘substantial part’ of the work has been used.
Disputes between partners can be complex. Often, alternative dispute resolution processes such as mediation, arbitration or simply negotiation, can be effective in resolving these disputes. Such processes can also include agreements regarding ‘non-legal’ issues, which can be beneficial to the partners.
If a partnership is dissolved, there are certain processes which should be followed to protect the parties’ interests. This includes publication of a notice of the dissolution in a government gazette and notifying relevant third parties of the dissolution.
Distribution of the assets and liabilities of the partnership in accordance with the partnership agreement or relevant legislation must also be finalised. We recommend obtaining legal advice regarding the best way of dealing with such matters.
Despite best efforts, sometimes court proceedings will be the only viable option to seek a remedy for a legal dispute. Litigation refers to the commencement of legal proceedings with the aim of resolving a disputed matter with the assistance of a court. The nature and value of such matters can vary significantly and accordingly, different courts (and tribunals) have been established based on specific categories of disputes and the monetary value of a claim.
If court proceedings appear to be the only option in pursuing or defending a legal dispute, we will carefully assess your matter so you can make an informed decision about taking this path. We are experienced litigators and, if instructed, will prepare your case with care and diligence and advocate strongly on your behalf.
