Dispute resolution, it is a reality in business.
For any number of reasons, communications between parties can break down or obligations go unfulfilled, leaving an issue that needs to be resolved.
Dispute resolution may come in the form of negotiation and settlement, mediation, arbitration, or litigation in the court system. We have had extensive practice in the State and Federal court system including the Victorian Civil and Administrative Tribunal (VCAT).
This is where Robertson Hyetts come in. It’s our job to guide you through the dispute resolution process; we’re with you every step of the way.
Our approach to dispute resolution
Our approach is to identify your objectives and the associated risks. We focus on the outcomes you are hoping to achieve with the dispute resolution process.
We provide guidance and counsel on the advantages and disadvantages of every possible solution, and work with you to achieve a resolution, all the while being mindful of preserving your business relationships and minimising the cost and stress to you.
The best outcome
Our goal is the reach the best possible outcome for you. In many cases, resolving the issue without going to court will be the most timely and cost effective way to resolve the issue.
Dispute Resolution FAQs
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What is a Tort?
A tort is a wrongful act by one person against another or an infringement of a right that a Court will grant a remedy usually in the form of damages. Common torts include:
· Negligence;
· Trespass;
· Defamation; and
· Nuisance.
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What is the limitation period?
This is the time limit within which legal proceedings must be commenced.
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What can I do if someone steals my intellectual property?
If someone is using your intellectual property (IP) without your permission you can take legal action for IP infringement. You can make a claim to prevent the disclosure of trade secrets; to stop someone from infringing your copyrights, trademarks and patents; and to seek compensation when your intellectual property rights are infringed.
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What can I do if my contractor doesn't complete the job?
When you enter into a legally binding agreement or contract, both parties must fulfill the terms of the contract. If a breach occurs, for example, where you contractor doesn't complete the job, you can seek compensation for losses caused by the breach.
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Can I challenge the distribution of an estate under a Will?
A claim for a share, or a larger share, out of an estate can be made if the deceased had a moral duty to provide for a claimant and they can show that the Will didn’t adequately provide for their proper maintenance and support. A claimant must be closely related to the deceased and generally includes a spouse or former spouse, a child or stepchild, a parent or a grandchild who was dependent on the deceased.
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What if the deceased did not have a Will, can I still challenge the distribution of the estate?
Yes. If the deceased did not have a valid Will then Letters of Administration can be applied for by any person/s entitled to inherit the deceased’s assets. Once Letters of Administration have been granted and an administrator appointed, eligible persons can make a claim.
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Is there a time limit for contesting the distribution of an estate?
Yes. If a person wishes to make a claim on a deceased estate, they must make an application to the court within six months of the Grant of Probate or Letters of Administration.
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Will I have to go to Court?
No. Court should always be the last resort to resolving your dispute as it is normally an expensive and long process which results in few winners.
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What is ADR?
Alternative Dispute Resolution (ADR) is a system of resolving disputes outside of courtrooms usually with the assistance of an independent third party or mediator. It can be faster and cheaper and often means that your dispute is resolved in a private and confidential way.
