Many of us will get into disputes in business or in our personal lives. Whatever they are about, they can be upsetting and distracting. You need to get them resolved as efficiently as you can. One of the leading firms of Canberra litigation lawyers, Gil-Jones Barker will help you to get the best possible outcomes. First you need someone on your side who thoroughly understands the law. Just as important is to know the court process. And maybe most important, to use the old-fashioned art of persuasion to present your case positively.
We have proven experience across a wide range of ACT and NSW civil suits including:-
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Commercial litigation
Commercial disputes can be expensive and distracting. We can provide timely and expert advice to resolve disputes by negotiation, or to fight for your rights in the Supreme Court, Magistrates Court, or any court for that matter.
In the modern environment the courts will often require the parties to attempt settlement of their disputes by attending a conference with an independent professional mediator. It is crucial to prepare your case early for mediation, have your best points ready and to seek a resolution on the best terms for you.
Common issues we deal with are:
Commercial lease dispute
Breach of contract
Negligence
Debt recovery – this can include claims in court, statutory demands against companies that owe debts, bankruptcy proceedings. It may also be important for you to review your commercial trading terms to assist in keeping trade debtors under control.
Employment litigation
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Building and property disputes
It is very common for builders and their clients to have differences of view about their obligations, and these disputes can be frustrating and expensive. We can take on matters in residential or commercial building disputes, for builders or their clients, and obtain the expert evidence you will need to persuade a tribunal.
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Will disputes
Invalid Wills
In rare circumstances a will can be declared invalid by the court. This can happen if the testator lacked capacity to make a will at the time the will was signed, or had undue influence put on him or her to make the will in a particular way, or the will was not properly executed. A person whose interests are affected by a possibly invalid will should seek advice and we are ready and able to assist.
Family Provision
Legislation in each jurisdiction provides for situations where a will makes inadequate provision for a family member or other person entitled to claim. The court can order that the estate be distributed to provide a larger legacy to a deserving person. If you have an issue of that kind, you need to get advice promptly, because the time limits for a claim are fairly short and it is difficult to proceed with any claim if the time limit is missed. We have experience in conducting family provision claims from the perspective of executors defending the will and also for claimants who have been left with inadequate provision.
In family provision cases, the legal costs can be substantial if the matter is not resolved quickly. Parties cannot assume that all the legal costs will be paid by the estate funds. We will do all we can to protect your position as to costs.
Our lawyers can act for claimants in family provision cases on a “no win – no fee” basis, subject to a realistic assessment of the chances of a successful outcome.
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Personal injuries / workers compensation litigation
We can represent you in claims for personal injury caused by medical mishaps and workplace accidents. We can conduct injury claims on a “no win-no fee” basis and will be happy to discuss your case initially for a 30 minute consultation free of charge and without obligation. In important and difficult cases we can bring in the best expertise from barristers, medical specialists and other experts with whom we work closely to prepare your case.
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Equity claims
A special area of our practice is the body of law known as equity – dealing with disputes about things such as trusts, fiduciary obligations, undue influence in various contexts, and injunctions. Equitable principles may assist when the strict application of legal rules would lead to injustice.
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Superannuation disputes
These days, your superannuation fund may be one of your most important assets; and funds usually provide insurance benefits such as compensation for medical problems that leave you permanently unable to work. Sometimes the fund will not agree to pay benefits they are liable for. You can fight to uphold your rights in these situations, either in the courts or by alternative dispute resolution.
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Enforcement of judgments and orders
Sometimes a decision by the Court needs to be followed up with action to make sure that your entitlements are paid. We can help in the often complex task of recovering through the ordinary Court processes (warrants for the Sheriff to enforce) or in the Bankruptcy Court.
Letters of demand
Statutory demands on companies
Court enforcement
Bankruptcy and winding-up
Contact us for more specific advice in relation to how we can assist you settle your dispute.