Dispute Resolution & Litigation

Litigation & Dispute Resolution Lawyers Parramatta

We have experienced dispute resolution lawyers in Parramatta with a depth of knowledge across several areas of law. Our litigation solicitors promote alternative dispute resolution to ensure our clients have an opportunity to resolve their matter in a cost-effective and efficient manner, without resorting to court proceedings. If court proceedings are necessary, rest assured we are skilled litigators and can represent individuals, small business, corporations, and government bodies for a range of legal disputes such as:

• personal injury claims
• motor vehicle accident claims
• property damage claims
• contract disputes
• consumer claims
• partnership and shareholder disputes
• debt recovery and insolvency matters
• property disputes
• building and construction disputes
• commercial leasing disputes/retail leasing disputes
• estate disputes, family provision claims, and estate litigation

Alternative Dispute Resolution

Many legal disputes can be resolved using an alternative dispute resolution (ADR) process such as negotiation, informal settlement conference, mediation, or conciliation. Using an ADR process to resolve your legal matter is generally preferrable and, in most cases, our Parramatta litigation lawyers encourage this approach in the first instance. In fact, in many areas of law, attempting ADR is now mandatory before proceedings can be started in court.

Not only can ADR resolve matters more quickly and cost effectively than court proceedings, but it can offer other benefits such as:

• more creative solutions than what might otherwise be ordered by a court
• less formality than in court and a lower threshold for evidence
• more control over the outcome which is not possible if a matter proceeds to litigation and a court makes orders
• greater opportunity for the parties to preserve their relationship

If you can resolve your legal dispute without going to court, it is necessary to enter a binding agreement that properly reflects the terms of settlement reached. The agreement should put an end to the matters in dispute and ensure the parties are released from further liability. As every dispute is different and may involve multiple parties and various legal issues, it is essential to get professional advice on any terms of settlement before agreeing to them. This ensures you understand your rights and obligations and avoids future issues.

Court litigation

Litigation refers to the commencement of legal proceedings to have a dispute resolved with the assistance of a court. A civil court dispute generally arises when two or more parties are unable to resolve a matter concerning their respective legal rights and obligations. The nature and value of such matters can vary significantly and accordingly, different courts and tribunals have been established based on specific categories of disputes and the monetary value of a claim.

If you are involved in court proceedings, it is important to understand the processes, the range of remedies that may be awarded, the likelihood of winning the case or successfully defending it, and the relevant cost implications.

A cause of action must be correctly identified in the proceedings and based on a breach of legislation or the general law. Evidence will be required to support or defend the claim which may take the form of contracts, emails/letters, statements, CCTV footage, etc. In some cases, experts will be commissioned to write a report and provide an opinion to assist the court make its determination. The strength of each parties’ evidence will be tested in the court room and witnesses may be called to support each parties’ respective arguments.

Court proceedings run to a strict timetable and litigation requires thorough preparation. Our litigation lawyers will work closely with you so that you are aware of your options and properly prepared for your case.

Parramatta Debt Recovery Lawyers 

Slow payers are a source of constant stress for business owners and can impact your ability to meet your own commitments. If pursuing unpaid debts is putting a strain on your business, our debt recovery lawyers in Parramatta can provide valuable advice and strategic direction. Our lawyers can help implement credit control strategies to minimise bad debt in the first place, negotiate with your debtors, or pursue recovery proceedings in court.

The best course of action to recover the debt will depend on a number of circumstances – the debtor entity (whether an individual or company), the amount owed, the capacity for the debtor to pay, and whether the debt is disputed. In some industries, there may be legislation that sets out specific processes for recovering certain debts.

Sometimes a letter of demand issued from a lawyer will be enough to encourage the debtor to pay the outstanding amount. Alternatively, you may need to start proceedings in court to recover the debt. If the debtor is a company, serving a statutory demand under the Corporations Act 2001 may be a viable option.

Our debt recovery solicitors can help you determine the most appropriate and cost-effective solution to recover your outstanding debts, and wherever possible, repayment of your legal costs.

If you need assistance, contact one of our litigation & dispute resolution lawyers in Parramatta at [email protected] or call (02) 9687 7933 for expert legal advice.