Dispute Resolution & Litigation
Sometimes disputes are unavoidable.
We can advise you about a broad range disputes such as contract disputes, quality of works issues (for example, work by mechanic or tradespeople), motor vehicle accident disputes, and fencing disputes.
If you are involved in a legal dispute, it is important to deal with the matter professionally. In many cases, a dispute can be resolved to deliver workable outcomes without resorting to expensive Court proceedings. We are experienced dispute resolution and litigation lawyers and can help with a range of matters including:
- Contract disputes – breach of contract / performance / default
- Property and property co-ownership disputes
- Estates disputes and litigation including testators family maintenance claims
- Consumer claims – unfair contracts / misleading / unconscionable conduct
- Quality of works – for example, where a mechanic or plumber have undertaken works in an unsatisfactory manner
- Motor vehicle accidents
- Fencing disputes
- Disputes about misuse of Enduring Powers of Attorney.
Dealing with a dispute – how a lawyer can help
Legal disputes are often accompanied by stress and anxiety, making it difficult to separate the emotion from the facts. This is where an experienced lawyer can be invaluable. Disputes often involve more than one legal issue, and a skilled lawyer can provide focused and strategic direction to help resolve your matter. While every case is different and there is no one-size-fits-all solution, a lawyer will generally consider the following to propose a way forward:
- Obtain the relevant facts – the events leading up to the dispute and the relevant documents – contracts, correspondences, emails, reports, etc.
- Narrow the issues in dispute and identify the legal cause or causes of action
- Apply the facts to the relevant areas of law
- Assess the parties’ respective legal positions and their strengths and weaknesses
- Identify existing evidence and evidence that may be required to move forward
- Consider all circumstances and propose options to deliver the best outcome
Alternative Dispute Resolution
Effective dispute resolution requires a balance between settling the matter as efficiently as possible and preserving your legal rights to obtain an optimum outcome. Alternative Dispute Resolution (ADR) processes refer to different ways that you can resolve your legal dispute without resorting to lengthy and expensive Court proceedings. We will generally recommend an ADR process if we believe it will be suitable for your type of legal dispute and your circumstances.
Going to Court
Not every matter can be resolved using an ADR process and sometimes, your only option will be to commence or defend proceedings in Court. Litigation is the process of having a legal dispute determined by a relevant Court or Tribunal. Throughout Australia there are different processes, forms, and rules, depending on which Court your matter is to be heard in.
Court proceedings run to a strict timetable and litigation requires thorough preparation. If you are involved in Court proceedings, it is important to understand the relevant processes, the range of remedies that may be awarded, the likelihood of winning the case or successfully defending a matter, and the cost implications. Getting the procedure right is critical to securing a good outcome and avoiding costs orders.