It is a reality in both life and business that disputes happen. For any number of reasons, communications break down, expectations are not met; payments aren’t made on time, and obligations remain unfulfilled.
Robertson Hyetts are here to help – in court or out of it.
We focus on identifying the issues and the outcome you want to achieve, and assist you in getting there. We’re with you every step to find a solution that is timely; cost effective, makes commercial sense, and if possible, preserve relationships in the process.
Dispute resolution may happen as a result of negotiation and settlement; mediation and arbitration, or litigation in the court system. Often the terms ‘ADR’ or ‘alternate dispute resolution’ are used –’alternate’ meaning other than through court.
Our Dispute Resolution team has extensive mediation and negotiation experience. We practice extensively in State and Federal courts and tribunals at all levels, including Magistrates, County and Supreme Courts, and in VCAT (Victorian Civil and Administrative Tribunal).
Our advice is proactive, expedient and strategic. We focus on minimising the stress, cost and impact on you and your business.
Our approach is to:
- Identify your objectives and associated risks
- Identify the legal rights and obligations of all involved
- Advise you as to what solutions a court or tribunal might deliver
- Seek a resolution that’s the right balance of all of these factors
You don’t have to go to Court:
Resolving the issue without going to court will be the most timely and cost effective way.
If you do: almost all courts and tribunals have a built in compulsory mediation process that parties must explore. Our aim is to assist you in understanding what the court, tribunal or alternate dispute resolution process is that you may be involved in. We want to ensure that you maintain ownership of that involvement, and that you make the best decisions you can about an outcome
If you have to: we ensure that your case is in the best possible position to get the outcome you want. Thorough preparation, proof of evidence, expert witnesses where necessary, briefing appropriate counsel and hard hitting tactics- we aim to deliver on the ‘cut and thrust’ of contested litigation where that becomes necessary.
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:
· Defamation; and
This is the time limit within which legal proceedings must be commenced.
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.
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.
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.
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.
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.
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.
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.
For legal advice that protects your interests phone now for an appointment: Bendigo 03 5434 6666; Castlemaine 03 5472 1588 or Melbourne by appointment.