Do I need a lawyer?
Most of us encounter conflict every day of our life and while we don’t need a lawyer when we are served the wrong coffee order there are times when engaging a lawyer to handle your dispute will get you a much better result with greatly reduced stress.
What should I know about my dispute?
The main things you should have a handle on are:
- You need to know what you are entitled to.
- You should know what your exposure is.
- You should consider whether or not you can negotiate a settlement with the other side.
- You should also have an idea of how quickly a resolution can be reached.
When Should I Contact A Lawyer?
In The Case Of Debt Recovery
In the case of a debt recovery, you will likely know how much you should be paid but you may not be receiving fast replies (or any replies) to your inquiries about late payments — leaving in doubt when (and if) you will ever be paid.
If You Are Being Sued
If, on the other hand, you are concerned about someone suing you — you should contact us immediately. If you wait too long, the other side may file a claim against you in Court which makes the whole process more expensive.
If you are in dispute with a builder about their charges and faulty works, the contract terms and relevant laws must be considered, which you may require a lawyer’s advice on.
If You Receive A Court Summons
If you receive a ‘Summons’, ‘Claim’ or other document from a Court — call a lawyer immediately! Waiting too long could result in a judgment being made against you and all your assets (like your house and bank accounts) being at risk.
Dispute Resolution Services
Our extensive experience in the area of dispute resolution enables us to provide realistic outcomes for our clients so as to avoid drawn out, expensive litigation. As skilled negotiators, we practice alternate dispute resolution (ADR) wherever possible to avoid the stresses of court by reaching commercial resolutions for our clients.
Debt recovery work forms part of our core service offering. We act as the South Australian agents for two significant debt collection agencies in New South Wales and Victoria. As part of this practice on a daily basis we issue final notices and summons, apply for judgments, apply for enforcement processes such as warrants of sale, investigation summons to investigate a judgment debtor’s ability to meet a judgment and lodge caveats.
Breach of Contract
There are many ways in which a breach of contract may occur and it can be difficult to work out if a party to a contract is in breach. Uncertainty can stem from poor drafting or construction of a contract. It is usually only the cases where the arguments on either side both have merit that end up in court, as the parties can not reach common ground. Our experienced lawyers will attempt to resolve your dispute in a very cost-effective manner.
Corporate Insolvency and Bankruptcy
Disputes arise in this context where bankruptcy trustees or liquidators attempt to repatriate monies paid to creditors for goods and/or services, claiming the same to be preferential or uncommercial payments to that creditor. Pace has brought both such actions on behalf of liquidators and also defended such claims successfully for creditors, for over two decades. This is a complex and technical area of law where diligent advice is a must.
Building and Construction Disputes
Building or construction disputes can have a massive impact on your life and that of your family. Be you a home owner, builder, developer, contractor or subcontractor, these disputes are always stressful and often extremely costly. Lingering or unresolved disputes can delay the build and cause significant increases in budgeted costs. Timely and pragmatic advice is the key. Our property law team is well aware of the need to move decisively and effectively in these matters and has the skills and resources to do so.
To bring a successful claim for professional negligence, you must establish that there was a duty of care owed to you by the professional and that the professional breached their duty of care, resulting in harm or damage to you. In some professions where the existence of a duty is not settled law, careful argument must be made and, in some instances, care is required in articulating the exact nature of the breach. In any event, such claims come in a multitude of forms and a ‘one-size-fits-all’ approach cannot be taken.
When buying goods or services as a consumer, the law implies terms into every consumer contract, including that the goods are fit for purpose, of merchantable quality and or acceptable quality. Certain thresholds and criteria must be met so it is wise to contact a lawyer if you believe these standards have not been met. Further, even if the goods aren’t acquired for domestic use, if they are under $40,000 in value, you will still attract the protections of the implied warranties. This is a technical area of law and it is best to seek advice early.
Types of disputes
Disputes come in all shapes and sizes; some times money is sought and other times an order to do or not do something is sought. The issues in disputes can range over multiple areas of law, requiring expertise the multiple areas. We practice in a range of property, commercial, corporate, employment and industrial areas of law, which enhances our dispute resolution skills.
Questions & Answers
How much does dispute resolution cost?
Costs are a matter of great importance and something we discuss in our very first conversation with prospective clients.
Usually, we can provide a fixed fee to write an initial letter to the other side (generally between $800.00 – $1,500.00 plus GST).
In the event further negotiations are necessary, we generally charge based on the time we spend on the matter and should be able to give you estimates of cost for this in our first phone call.
What happens after I engage a lawyer for a dispute?
This depends on your matter, but typically a lawyer will draft a letter to the other party and attempt to resolve the matter informally by telephone, written correspondence and (if agreed) a meeting.
We will be discussing these attempts to resolve the matter with you at every stage so you are informed of our actions and can direct us as necessary.
In the event it is not possible to resolve your dispute informally, we will discuss the best method of dispute resolution for your matter with you.
This could be through suing in Court or engaging in ‘alternative’ dispute resolution such as a mediation.
If you are defending against a matter, we may also give you advice on how to best protect yourself while waiting for the other side to take the next step.
Can Pace Lawyers dispute resolution lawyers help me?
Pace Lawyers practices in a range of areas and we are well positioned to handle both simple and complex matters. Call today for a complimentary discussion about how we can help you.
What happens if my dispute goes to Court?
The process of taking legal action in Court (known as litigation) is usually lengthy and has many steps before you get to a trial.
Also, the Court will usually require that the parties try to resolve the matter (usually through a mediation) before a matter is listed for a trial even if previous attempts to resolve the matter informally have failed.
This process can sometimes take years depending on the actions of the parties involved and the complexity of the matter.
If the matter progresses to a trial, the judge will hear evidence and make appropriate orders. Even this is not sometimes the end of the matter as there may be appeals against these orders.
Be warned, some Court processes (such as winding up applications) have very strict time limits to file documents and could result in a judgment being made against you at the first hearing. So it is always best to seek a lawyer’s advice as early as possible.
What will happen in my first phone call with a dispute resolution lawyer?
We will generally ask you for details about your matter, who your dispute is against, and what you hope to achieve. Then one of our friendly lawyers will discuss what their initial thoughts are about how you should proceed.
We will then ask you to send through all the documents you have on your matter (such as a contract and/or email correspondences) and then provide you with our fees in writing so you can make an informed decision on whether to engage us.