Litigation
Depending on your circumstances, our team can readily assess your situation and provide practical solutions to all types of disputes.
Judging by recent statistics, Australia is a litigious society. In Queensland alone, Magistrate Courts (which are authorized to rule on civil cases with maximum claims of $150,000) dealt with more than 25,000 claims in 2015-2016 financial year. Of these, the vast majority (24,726) involved debt recovery.
During the same period, there were more than 5,000 new civil cases filed in the District Court of Queensland, most of which (3,998) were filed in Brisbane. In comparison, there were more than 3,000 new civil cases filed in the Supreme Court of Queensland’s Trial Division in FY 2015-16.
Given that, it is crucial to consult with an experienced lawyer if you’re suing someone or if you’re being sued. Depending on your circumstances, our team can easily assess your situation to see if your case has merit, or come up with a comprehensive defence in areas ranging from employment and business disputes to defamation.
Consumer disputes
As a consumer, you have every right to expect the products and services you purchase to accord with how those products or services are represented.
In Australia, consumer rights are largely governed by the Competition and Consumer Act 2010. This Act outlines the rules businesses have to comply with in order to supply their products and services.
If you believe your rights as a consumer have been violated, seeking legal advice early is prudent.
Employment related disputes
Chances are that you work hard to support yourself and your family. So you probably expect to be paid accordingly. If not, you may be able to take your case to either the Fair Work Tribunal or the Federal Circuit Court. To learn more about filing this sort of claim in accordance with the Fair Work Act 2009, give us a call today.
You should also contact us if you think your employer has:
- Coerced, intimidated or forced you to become a contractor
- Deceived you about your employment conditions
- Fired you and then hired you as a contractor to do the same job
Company and partnership disputes
Sometimes doing business can become very personal. This is especially true when disagreements surface within companies or between partners. Depending on the circumstances, you may be able to take the matter to court – but that may not be the best option. If you’re embroiled in an ugly dispute with a business partner, contact us for an assessment of your case and to learn more about all of the available legal options.
Director and shareholder disputes
If you are currently involved in disagreement with a director or shareholder, you’re not alone. In fact, these types of situations are fairly common in the business world. The key to resolving these matters is to know your rights under applicable laws and to know what your options are aside from taking the case to the Supreme Court. Give us a call to learn more.
Intellectual property disputes
In many businesses, safeguarding intellectual property is essential. So what should you do if you think someone has used it without permission?
You have a few options. You can seek a court order, called an injunction to prevent continued use, or you can seek financial compensation. On the other hand, if you want to resolve the matter before taking it to court, you can also try issuing a demand letter, granting a license in return for royalty payments, or going through a dispute resolution process.
Before you proceed, call our office to schedule an appointment with an experienced intellectual property lawyer.
Contractual disputes
By law, all terms in a contract, or legally binding agreement, must be “fair.” This means that the written or oral arrangement cannot include any provisions that are unfairly advantageous to one party. Specifically, a contract cannot contain stipulations that:
- Give only one party the power to end the contract
- Give only one party the ability to change the contract
- Give only one party the authority avoid their obligations under the contract
Disagreements often surface when someone thinks that a contract is unfair. If you suspect this is the case, call us to talk to a lawyer about your options.
Corporate and personal insolvency
A company is insolvent if the company is unable to pay its debts as they fall due.
Personal insolvency is the term used for when an individual can no longer pay their debts
If you are faced with personal insolvency, you have certain options under the Bankruptcy Act 1996. These include entering into a debt agreement, a personal insolvency agreement or bankruptcy. Be sure to contact us for help in determining which option is best for you.
We can assist you with the procedures involved in personal or corporate insolvency.
Asset protection, debt recovery and enforcement
In many cases, personal and business disputes can be resolved without going to court. This can be accomplished through mediation, arbitration, conciliation, collaborative law and adjudication. Depending on the circumstances, you may have several options with regards to alternative dispute resolution (ADR). If so, speak with one of our lawyers to find out which one is best for you.
Alternative Dispute Resolution (ADR)
Broadly speaking, Alternative Dispute Resolution (ADR) is a term for processes such as mediation, arbitration and expert determination which enable parties to resolve their disputes without the need of going to court. There are obvious benefits in resolving disputes in this manner, in particular, both the time and expense of litigation.
Defamation
Defamation is the dissemination of information that damages someone’s reputation by:
- Exposing them to hatred, contempt or ridicule
- Causing others to avoid or reject them
- Causing others to think less of them
Someone engages in defamation by sharing harmful information about the defendant with others, by identifying the plaintiff while doing so. Individuals and certain corporations can sue for defamation within a specified time – unless extended by a court (and strict rules apply) the limitation period is 1 year from the date of publication.
To learn more about defamation, contact our lawyers today.