Court Disputes Articles
What Does Your Lawyer Owe You?
January 21st, 2013 by | Court Disputes
The number one complaint that we hear in relation to lawyers is a failure to communicate. More often than not that failure relates to the issue of fees and potential costs of a matter. Costs are often extremely difficult to estimate but there is no excuse for not explaining the manner of charging. It… Read more »
Why Do I Need a Solicitor and a Barrister?
December 14th, 2012 by | Court Disputes
A legal practitioner (or “lawyer”) is a person duly admitted to practice law in accordance with legal and ethical requirements. In South Australia, we have a “fused profession”. A lawyer can practice both as a solicitor (who conducts a file, prepares documents, and oversees your case) and a barrister (who renders opinions and appears… Read more »
10 Ways to Avoid a Discrimination or Harassment Claim
November 21st, 2012 by | Court Disputes, Employment
Although the Australian Government is considering streamlining Federal legislation in this fertile area, workplaces are, at least at present, subject to: Equal Opportunity Act 1984 (SA); Fair Work Act 1994 (SA); Age Discrimination Act 2004 (Cth); Disability Discrimination Act 1992 (Cth); Sex Discrimination Act 1984 (Cth); Racial Discrimination Act 1975 (Cth); Australian Human Rights Commission… Read more »
When Only an Injunction Will Do
November 1st, 2012 by | Court Disputes
Whilst civil court actions most often decide whether to award damages or compensation, sometimes they are asked to order an injunction, which is an order telling someone either to do something or stop doing something . For example, say a tenant of a large display shop with enormous fixtures and fittings has a lease for… Read more »
Security for Costs as a Sword or Shield in Court Disputes
October 18th, 2012 by | Court Disputes, Debt Collection
If you or your company take legal action against another person, they may ask you to provide ‘security for costs’. You might have to pay a sum of money into the Court or provide a bank guarantee or other form of assurance that if you lose, the other party can recover money towards its legal… Read more »
Can a Judgment Be Set Aside?
October 6th, 2012 by | Court Disputes, Debt Collection
If someone gets a default judgment for a money sum against you, it means that, without a trial, a Court concluded that you got the summons but had no defence, or chose not to fight the claim. But what if you do have a defence and overlooked responding in time? Or perhaps the summons went… Read more »
Restraints of Trade Too Wide and Too Long
October 5th, 2012 by | Business Sale & Purchase, Commercial Transactions, Court Disputes, Employment, Franchises
A fairy floss story: Whizzo had a fairy floss franchise. It sold its territory in SA and WA to Floyd. Under the franchise agreement, Floyd agreed not to compete with Whizzo after the end of the franchise period for 10 years anywhere in Australia. At the end of 5 years, Whizzo asked Floyd to renew… Read more »
Legal Professional Privilege – It’s Your Privilege
October 4th, 2012 by | Court Disputes
When your lawyer writes you a confidential letter giving advice in relation to a legal matter or communicating about a legal dispute, or you send your lawyer an email seeking advice, it will generally be protected by legal professional privilege. By ‘protected’, the Courts mean that these documents can’t be used against you. In fact,… Read more »
A Debt Doesn’t Entitle You to Lodge a Caveat
October 4th, 2012 by | Conveyancing, Court Disputes, Debt Collection, Finance & Securities, Property & Leases
The fact that a debtor who owes you money owns land is a good thing but beware of lodging a caveat when you’re not entitled to do so. A simple debt does not constitute a ‘caveatable interest‘ in land. The main situation where a caveat is apt arises when there is a contract to… Read more »
Time Limits Apply to Most Legal Actions!
September 12th, 2012 by | Court Disputes, Debt Collection, Injury Compensation Claims, Wills & Estate Planning
You should be aware that there are time limits on certain Court actions. If you fall outside those time limits, your ability to pursue a remedy in Court may be lost (‘statute barred’). Examples of certain claims and the time limits that apply in South Australia: Breach of contract: 6 years after the date of… Read more »
How to Secure Payment of a Judgement Debt
September 11th, 2012 by | Court Disputes, Debt Collection, Finance & Securities
So you have finally got a judgment against a person for the sum of money that he owes you. The next step is to actually realise the money and often that can take time. The Problem: Say that while you negotiate a payment plan for your judgment sum to be paid to you, the debtor… Read more »
Judicial Bias
September 6th, 2012 by | Court Disputes
What if you are involved in a court case and get a sinking feeling the Judge is against you? For example, the Judge gives a ruling in favour of a company on the other side, where he or she has thousands of shares in that company? Or he is married to that company director’s sister. … Read more »
Builders & Contractors Payment Claims Under the Security of Payments Act – Ignore or Delay at Your Peril!
August 28th, 2012 by | Commercial Transactions, Court Disputes, Debt Collection, Property & Leases
Imagine this: you engage a contractor to perform construction work. You are issued with an invoice at the end of the job, but the work is defective or not what you asked for. You do what you think is the right thing and try and talk to the contractor about fixing the work before you… Read more »
How to Get Paid Quickly and Minimise Bad Debts
August 18th, 2012 by | Commercial Transactions, Court Disputes, Debt Collection, Finance & Securities
In my experience there is a common theme amongst many failed businesses – the proprietors fail to understand the vital importance of getting paid on time and making sure that “writing-off” bad debts happens rarely, if ever. Successful businesses have credit control measures in place that include the following: Make sure your client understands how… Read more »
