Legal Disputes & Court Litigation

If you have no choice but to consider litigation you want to make sure you have the right Adelaide lawyer (both in Court and at the negotiating table).  Read our Client Reviews and then call us to talk to an experienced Adelaide lawyer about your dispute or Court litigation matter on a no obligation basis.

Early Considerations

Whether you are suing or defending, Court proceedings can be costly.  Legal proceedings should not be taken lightly.  It is vital to make sure that all matters relevant to your claim have been fully considered at an early stage and that you have the benefit of objective advice from an experienced specialist.  The Court room steps are not the place to be working out a last minute strategy.

We have the legal experience and the commercial knowledge to understand the complexities of business disputes.  Where appropriate we will use experts to put our client’s case in the best possible light and, in some situations, to get an early opinion.

Experience In All Jurisdictions in Adelaide, South Australia

We offer experienced and seasoned representation in all Adelaide and South Australian Courts including Magistrates, District, Supreme, Family, Federal and Industrial Courts in:

• Contract disputes, including breach of contract and misrepresentation matters;
• Debt collection;
• Negligence claims;
• Breach of professional and fiduciary duty;
• Partnership disputes;
• Inheritance claims and deceased estate disputes;
• Fraud or forgery matters
• Will disputes

Matters to Consider Before Litigating

There are a number of matters to consider before taking someone to Court.  The appropriate Court for a particular action will depend on a number of factors including the jurisdictional limit of the Court, its locality, the types of rules by which it operates and the costs of trying the case.

When we take your instructions we will discuss the rules concerning pre-action demands and disclosure, as well as the types of counterclaims that may be fired back at you.

There may be alternatives to going to Court.  We will explain those alternatives and discuss the pros and cons.  Given the costs involved, we don’t suggest going to Court lightly but we have also seen people spend a lot of money avoiding Court proceedings!  Alternative dispute resolution and more “without prejudice” discussions can often be the very thing that is needed to resolve a dispute.   There are also times however where fast decisive Court proceedings are necessary to bring matters to a head.

Before proceeding to Court we will fully consider your matter and give you a frank assessment of your prospects and the different avenues available to resolve the dispute.  We will also discuss with you likely costs of the different paths.

Questions to Ask Your Lawyer

If your lawyer has not discussed these matters, you should be asking these questions:

• Do you have experience in this type of matter?
• Must I go to Court?  Are there alternatives?
• Which is the appropriate Court and why?
• What time limits do I have?
• How much will it cost?
• What are my likely prospects of success and risks of failure?
• What costs will I be liable for if I lose and what will I get back if I win?
• What do I need to prove to succeed?  Are expert witnesses necessary?
• If I win does the other party have the financial means to pay my claim and my costs?
• What is my real practical objective and is the cost, time and stress of litigation worth it?

We can help you answer these questions.  No Court action should be commenced without full and proper consideration of these and other issues that may be specific to your matter.

We can assist in resolving most disputes and if necessary commencing or defending matters that become litigious including:

Read our Client Reviews and then talk to us about your dispute on a no obligation basis.