Litigation involves you in a Court process in some fashion. This can take many forms ranging from a commercial dispute, a family law dispute on property or children’s matters, a claim for provision against a deceased Estate, a breach of the terms of a commercial Lease or an encroachment on your land by a neighbour. Your role as a participant could be proactive where you approach the Court for some form of relief or it could be reactive where you are served with Court documents or somehow joined to existing proceedings. This process is not for the faint hearted as it involves the sacrifice of considerable time, money and personal effort to successfully navigate the process. As to what you need- this is different for everyone. The purpose could be purely monetary, it could be to set an example to the market place that you require ethical relationships or it could be driven by a need to resolve the problem and remove ongoing stress from your life. We have learned that what you each need can be very different.
We work hard to resolves our clients’ disputes without recourse to litigation. However, when it is in our clients’ interests, we conduct contested civil proceedings on their behalf in most jurisdictions. Undertaking litigation is a stressful and, often expensive, decision, so we undertake a careful cost benefit analysis of our clients’ problems before recommending it and work hard to achieve the best possible outcome.”
It may be that our advice is needed at the commencement of a relationship in the form of a pre-nuptial agreement or associated estate or financial planning.
What to expect
In the course of operating any business activity, you may well end up in a dispute. This could take the form of a disgruntled employee removing the commercial in confidence data of a company on a change of employment, a falling out between directors requiring a termination of that party’s involvement in the company or a contractual dispute. That contractual dispute could be a simple as non payment of an account or non performance of a contract term or a more complex argument based on wrongful rescission of a contract, statutory non compliance and breach of warranty or the supply of defective or non compliant product produced in one jurisdiction and distributed in another attracting both jurisdictional and contractual issues. We conduct litigation across a variety of jurisdictions including the Supreme Court, District and Local Courts, Fairwork Commission and NCAT.
Call 02 9283 2355 to talk with a civil litigation solicitor today!