Contracts are part of everyday life. They come up in all sorts of contextsread more
Litigation v Non-Litigious dispute resolution options – Contract disputes argued in court can easily cost each party over $50,000 and sometimes much more.
Litigation can take 1-3 years to complete, including possible appeals.
In contrast, early intervention using alternative dispute management and resolution techniques and strategies (e.g. assisted negotiation, mediation, conciliation and arbitration) can have disputes resolved within 8 weeks within a typical cost range of $5,000 -$10,000 shared between the parties.
My Relationship is definitely over and it's time to move onread more
Divorce and de-facto relationship break ups are unfortunately all too common. Feelings are hurt, and defences are up.
Getting early access to the right sort of competent, rational and balanced advice is really important and can make a huge difference to outcomes.
Rushing into the arms of "white knight" lawyers to engage in hard fought litigious "lawfare" is often not the right decision to make, as it may prove very time consuming, costly and stressful.
Working out shared parenting arrangements at the same time as trying to agree on property division can easily heighten the tensions and increase the risk of giving away a lot of your time and money to lawyers and the court system.
There are often better ways, choices and options open to you, if you get to the right advice and guidance soon enough.
Most judges and experienced lawyers will urge you to make going to court your very last resort. We believe this, and don't just pay it lip service.So how can we help?–
Under the Family Law Act there are ways to resolve and settle property disputes out of court using binding financial agreements. However, in more complex cases, we will encourage the parties to agree on a set of final consent orders and then apply to the Court to review and approve them as orders of the court.Warning – beware expensive lawyers who push you into court!
On 14 December 2017, the following headline appeared in The Australian newspaper "Judge slams obscene legal fees". A family court judge accused a number of lawyers of charging obscenely high fees in family law disputes. He said their attitude and approach was "win at all costs, concede little or nothing and chase every rabbit down every hole". He said this attitude and approach is destructive of the emotional, social and financial wellbeing of the parties and their children."
We are the antithesis of this criticised approach.
I am starting my own business – what do I needread more
Starting a new business can be exciting but it raises a whole lot of important legal needs that if not attended to at the right time may sow the seeds for later troubles and disappointment.
If you can get all this sorted out early, all the better. It will give you peace of mind and more confidence to pursue your business goals.
Don't fall into the trap of getting so caught up in getting things started and chasing deals and revenue that you neglect these legal issues that are so vital to protect and safeguard your business from problems and threats down the line.
I've got traction, loyal customers, work flowread more
You have been in business more than a year and have traction in your chosen market. You are going places. Now is the time to give careful attention to properly managing the growth cycle.
We can do a full audit of your business in these key areas and identify any gaps requiring your attention and advise you on implementation steps.
My staff are vital to my business successread more
Any business that neglects this area of prudent business management is "an accident waiting to happen". The smaller businesses are most at risk because employee law suits can become a major distraction, a huge drain on cash flow and potentially damage your business reputation.
Prevention is the key.
My father has recently passed away and I am upset that his last will and testamentread more
The law respects the right of a person who owns assets to make his or her own last will and testament to say how his or her estate should be distributed after death. However, the law also expects a testator to act fairly and reasonably in how he/she disposes of the estate, and if the Will fails, without proper justification, to provide or adequately provide for legitimate needs of the surviving spouse and/or children, the law can intervene to correct that unfairness.
This area of law is called family provision and maintenance.
Sometimes the validity of the Will is called into question and there are grounds to challenge the Will.
If a person dies without having made a Will (intestate), it can raise its own special legal issues. Each State and Territory has its own laws that apply on intestacy, but if the statutory formula will lead to unfairness amongst the possible beneficiaries of the estate, an eligible person can still make application to the court to intervene and adjust how the estate is apportioned between the eligible statutory beneficiaries. We are specialists in this area and can advise and recommend the best options to protect and safeguard the rights and interests of eligible claimants.
Estate disputes that end up being litigated are notoriously long, stressful and costly. The high legal costs whittle away the value of the estate, leaving less for all beneficiaries.
Hence, we employ our skills and experience in non-litigious dispute management and resolution methods and strategies to secure fair and equitable outcomes in the shortest possible time and at the least expense. Out of court settlements will usually need to be approved by the court.
Estate disputes that end up in court can easily cost the estate over $50,000 in legal costs and sometimes much more.
To help keep money in the estate, and not let it be squandered in court proceedings, we have become specialists is helping parties reach negotiated out of court settlements at a fraction of the time and cost of litigation.
The six of us set up a business together using a standardread more
Shareholder disputes often end up in Court costing substantial legal fees and resulting in the destruction of relationships essential for the survival of the company and the forced sale of the business assets.
After creditors and lawyers have been paid, there is often little, if anything, left over for the shareholders.
My husband and I engaged a builder to do a major $250,000 renovationread more
Building disputes can quickly become nasty, acrimonious and costly to both the home owners and the builder. A lot is at stake for both parties. The owners have taken out loans that must be repaid, and are often renting whilst the works are in progress. Their financial resources are limited and a building dispute can put them under immense financial pressure. For the builder, disputes put pressure on cash flow and ability to pay employees and contractors. Builders want to and often need to finish jobs on time to make ends meets.
So a long, emotional and costly building dispute is in neither party's best interest.The genesis of such disputes often comes from –
I am the owner of a small but very busy boutique hotel.read more
Having our licence suspended due to too many demerit points can happen to the best of us as drivers. We can all have those days when we are too busy and distracted and exceed the speed limit by over 10 km/h. Lost points are accumulated in Tasmania over a period of 3 years.
Serious drink driving offences, or driving under the influence of any drug, will make it more difficult for you to get a restricted driver licence.
Whatever the case, the keys to success are to show unusual hardship to you and/or your dependents if you lose your licence altogether and to show that allowing to you still drive with specified restrictions will not pose a threat to the public. If you are eligible to apply for a restricted driver licence we can get one for you.
The police showed up at my house accusing me of stealingread more
Criminal work is not our central focus. However, our firm has highly experienced barrister advocates who can ably represent you in any court in connection with any summary offences dealt with by the local magistrates.
If you are the subject of a more serious charge, we have the means to engage on your behalf the best criminal law barristers in the State. We will work closely with the lead barrister to ensure the best possible outcome for you.
I have spent years building up my business and its brand,read more
Theft of a business's valuable IP can happen at any time, and all businesses that are "in the money" need to be vigilant to protect their IP and be ready to take swift action to stop those who will try to use your IP without your written permission. This includes any copyright you own, trademarks, designs and so on.
Competitors who see your success, may try in different ways to pass themselves off as you to gain more trade and sales at your expense.
There are laws available to protect your IP and to stop those who try to steal your IP or make improper use of it for financial gain or in ways that might jeopardise your business reputation.
We have the skills and experience to be on your side when needed to protect and safeguard your IP rights and interests.
I have invested over 3 years and heaps of money into trainingread more
Investing in staff and then losing them to a competitor or to the free market where a former high-performance employee can set up shop to compete against you is a regular threat to up and coming businesses.
It is a real downer to invest years of time, training, mentoring and cash flow to train someone up to a vitally important position in your company and then have them leave and take with them other members of your staff and commercially valuable and sensitive information and data that can be used to compete against your business.
It is a double whammy to have to re-invest in replacing that person and also experience a loss of trade and revenue due to their setting up in competition to you.
How do you stop this from happening?There are ways, and we can show you those ways.
We can –