Our experienced lawyers offer timely advice and tailored solutions for a range of legal disputes. We take the time to fully understand our client’s legal position and to offer pragmatic, favourable solutions. Our expertise and competence have built us a strong reputation within the Illawarra legal profession. Our clients include individuals and businesses, and we can assist with a range of matters including:

• Property disputes
• Commercial and retail leasing disputes
• Construction and building disputes
• Estate disputes and family provision claims
• Partnership and shareholder disputes
• Commercial litigation and business disputes
• Debt recovery and insolvency
• Neighbourhood disputes
• Consumer law matters
• Professional negligence claims

Alternative Dispute Resolution

Alternative dispute resolution (ADR) is now mandatory in many areas of the law and can provide a cost-effective way to resolve a dispute before proceeding to Court with the need to prepare formal evidence. ADR can also allow for more flexibility and creativity in the resolution process, as the outcome is not limited to orders that a Court is able to make.

A number of different processes fall under the ADR umbrella – from negotiations and informal settlement conferences to more structured processes such as mediations involving an independent mediator, and more formal procedures such as arbitration and conciliation.

Choosing the most appropriate process together with expert legal guidance can help resolve your matter at an early stage rather than ending up in protracted litigation. If you do manage to settle your dispute, the agreement reached can be formalised in binding terms of settlement and/or a deed of release can be prepared, which you can rely on to enforce the agreement and release you from further liability.

Debt recovery

If your business is owed money and your debtors are ignoring your requests for payment you can take action to recover the amount owed and, in some cases, may also recover the legal costs incurred for recovering the debt.

We can help you choose the most efficient way to pursue the debt and start the recovery process for you. Considerations include:

• the legal entity of the debtor – whether an individual, sole trader, partnership, company or other structure
• the amount owed and how long it has been outstanding
• whether the debt is disputed
• the solvency of the debtor and the likelihood of the debtor being able to satisfy a judgement if issued
• whether recourse to personal assets of an individual/company director may be available to satisfy a debt
• whether there is specific legislation in place for recovering debts incurred in certain industries

Placing your debt recovery matters in the hands of a legal professional can ensure an approach is taken to minimise further loss and recover the entire debt, and as far as possible, the costs incurred in chasing it.

Litigation

If you are unable to resolve your legal dispute using an ADR process, you may need to pursue or defend the dispute in Court.

Litigation is the process of having a legal dispute involving two or more parties determined by a relevant Court or tribunal. A civil Court case generally concerns a dispute about the rights or liabilities of the parties involved, with one party seeking a remedy ordered against the other party or parties. This may be in the form of monetary compensation for damages or loss suffered, an injunction (an order preventing a party from doing something), or a range of other discretionary orders.

Throughout Australia and New South Wales, there are different processes, forms, and rules that apply, depending on which Court your matter is to be heard in. Different types of legal action also have specific time limitations imposed, so it is important to seek legal advice quickly.

The litigation process requires significant preparation and Court disputes can be expensive and emotionally draining. The decision to commence or defend a matter should be carefully considered and weighed against the likelihood of success and, if successful, the feasibility of enforcing any orders made.

Whilst litigation is always a last resort, we understand that in certain situations the Court room is unavoidable. In these instances, having one of our experienced litigation lawyers on your side will give you reassurance that your matter is in the right hands.

If you need assistance, contact one of our lawyers at [email protected] or call 02 4297 6066 for expert legal advice.