Disputes

At your consultation we will discuss:

• the claimant’s causes of action;
• any defence or counterclaim you may have;
• next steps and alternative avenues for resolution;
• indicative costs going forward.

If the defendant fails to comply with these deadlines the claimant is entitled to a judgment by default (default judgment).

In appropriate cases it is possible to apply to the court to set aside a default judgment – but this process involves additional expense.

The outcome of most court cases turns more on the facts than on legal principles. So before defending proceedings it’s important to assess the strengths of your case and the prospects of success before settling your defence. This can be time-consuming, but properly undertaken will save money and possible embarrassment in the long term.

Even if you wish to attempt a negotiated or mediated resolution of the dispute, it’s important to first complete this process.

We will:

• immediately file your notice of intention to defend the proceedings;
• negotiate or apply to the court for any extension of time that may be required to complete your defence;
• catalogue and review relevant written material (contracts, correspondence, memoranda etc);
• take from you a statement of your evidence cross-referenced to the documents;
• consider the applicable legal principles;
• draft your defence on the basis of our analysis of the facts and the applicable law;
• deliver to you a written or verbal suggested strategy (or alternative strategies) based on what we learn;
• make you a written offer (quote) for the further services that we expect that you will require.

Because we have no way of accurately calculating the time involved in advance we charge for assessments on a timed basis. At your initial consultation, we will give you some indication of the approximate cost.

Points to consider:

• Negotiations are best conducted with a full appreciation of the strengths and weaknesses of your case.
• Most litigation is not clear-cut – if so it’s usually wise to consider a compromise. On the other hand if the outcome is not in doubt, you should not feel obliged to discount your claim.
• Negotiate from a position of strength, and follow through with any threatened action.
• Don’t over-invest in negotiations. Your opponent may attempt to maximise a weak position by engaging you in protracted discussions in the hope that you will simply give in to save time.
• Sometimes it’s productive for you to communicate directly with your opponent (but not his lawyer). We strongly recommend that you first discuss proposed communications with us first.
• Often a good compromise occurs when neither party is satisfied with the outcome.