Solicitors & Conveyancers
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Disputes and Litigation Information Page

Disputes and Litigation

 

Disputes arise in all manner of circumstances and the law can differ significantly depending on the form the dispute takes. Court may not be your best avenue to resolve disputes, though it is often necessary. Considerations include the likelihood of success of a court case, how much you may stand to gain or lose, and the financial and emotional cost of litigation. Alternative resolutions, such as negotiation and mediation, may be more in line with your interests.

We have seen all manner of dispute scenarios and our solicitors are experienced negotiators and litigators. In any event, we can advise you of your options, negotiate concessions and, if necessary, pursue your interests in court. Keep in mind that some actions are limited by statue and your ability to make a claim will expire after a certain amount of time.

Debt Matters

If you are owed money, we can help you get it back. If your debtor is not willing to negotiate, we can lodge a claim in court and may even be able to register your interest over any property they have.

If someone is claiming you owe them money, we can advise you as to the substance of their claim and negotiate better repayment terms on your behalf. If the claim is not substantiated, we can defend the claim in court if necessary.

Some of the most prominent types of debt include:

  • A tenant behind on rent payments;

  • A client refusing to pay an invoice;

  • A formal or informal loan that has not been honoured;

  • Payment for services not carried out;

  • Unpaid work;

Breach of Contract

A deal is a deal, as they say, and if someone has failed to uphold their end of the bargain to your detriment, we can help seek the return of any losses you may have suffered. A contract can be oral, formed on a handshake, or hundreds of pages long. The law can even protect you when you purchase goods from a store. Contract law is old and complex. There are provisions that may be able to assist you even if a clause is absent from a contract, referred to as an implied term. There are also things you must do in order to retain your right to retrieve any losses, such as mitigation.

If a deal has been struck, and you have lost out, consider making an appointment with us to discover if you can claim damages, and what you need to do next.

Where Your Business Has Suffered Loss or Damage

If the actions of another have been harmful to your business, you may be able to recover some or all of the loss. This harm can occur when your property is damaged, but also if you suffer a loss or reduction in income. This could occur where someone’s actions have:

  • Prevented or inhibited business operations;

  • Reduced the quality of your goods;

  • Altered your operating environment;

  • Increased your costs unfairly;

A loss does not have to be a specific sum. For example, a farmer might make a claim if their water is interrupted or restricted, or their crops are affected due to the actions of another which results in lower quality produce, and thereby lowered income. Even though this precise amount cannot be calculated, a claim may still be lodged.

Contact Us

If your questions still have not been answered, just fill out the form below and we will get back to you as soon as we can. Alternatively, make an appointment and we will be happy to discuss your concerns.

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