We provide assistance with Litigation and Dispute Resolutions
Litigation and Dispute Resolution
Nobody wants legal disputes but sometimes, when competition and money are involved, disputes cannot be avoided. I have been dealing with legal disputes for nearly 30 years so even if I have not seen it before I have a fair idea of what works and what makes things worse. If you are able to, you do want to resolve any dispute before it gets worse but if not, there are usually various legal remedies that can be brought to bear to enforce your rights. As disputes escalate, we can help with:
Litigation process:
- Assessing the evidence and merits of your position
- Demanding that your rights be recognised or responding to unreasonable demands
- Negotiating a rational resolution
- Assembling a legal team and, if needed, experts to present evidence
- Arranging, preparing for and conducting mediations or conciliations on your behalf
- Preparing and filing your claim or defence in any court or tribunal
- Assisting and advising you through the litigation process to the trial or hearing
- Enforcing your judgement or order, even to the point of bankruptcy or insolvency
Debt Collection, Bankruptcy and Insovency
When there is no dispute that a money debt is owed, such as for non-payment of an invoice without legal excuse, or if a judgement is not settled, or if a statutory demand expires, there are simplified processes to recover funds that generally lead directly to enforcement action and can lead to bankruptcy (for individuals) or liquidation (for corporations).
These bankruptcy processes allow you to ask the court to appoint a trustee to take control of the bankrupt/insolvent so that its affairs can be independently and thoroughly investigated, and funds recovered for the benefit of creditors.
We can help with these processes, including for the application for insolvency and the appointment of a liquidator.
We may also be able to help if you are on the receiving end of this process, often by negotiating either an informal or formal offer of compromise or perhaps to assist you in applying the safe harbour provisions, utilising an administrator where appropriate or perhaps even by defending the application itself, where there are grounds to do so.
Those with QBCC building licenses are particularly vulnerable to abuse of the insolvency or bankruptcy process which is why early recourse to specific provisions of the insolvency act are important. We can help.