Our approach to litigation
01
Contractual disputes
Whether it is a lease, building contract, partnership agreement, guarantee, sale contract, loan agreement, or other contract, our contract lawyers are experienced in litigating all kinds of contractual disputes. Litigation can be costly, time-consuming and draining for anyone, especially a small business. Our lawyers provide you with quality representation at a modest price and will always look to resolve your disputes commercially.
02
Partnership disputes
When you go into business with someone it is often with rose coloured glasses on. However, in the real world, fall outs happen and can often be messy. If you have fallen out with your partner, received (or want to issue) a notice of dissolution of partnership our lawyers can assist. In certain circumstances, the appointment of a receiver may be appropriate to deal with the business’ affairs in order to move forwards.
03
Debt recovery
You’ve done the work and upheld your side of the bargain, been promised payment but have been left empty handed. They are ignoring your calls, texts and emails and the account is now well outside your normal trading terms. Our lawyers will review the agreement, evaluate your options for recovery and act quickly and decisively to recover what you are owed (with interest and costs – where possible).
04
Defending claims brought by a liquidator
Our insolvency lawyers regularly act on both sides of insolvency proceedings and are able to assist directors and third parties that may find themselves subject to claims by a liquidator. Our experience includes insolvent trading, directors loans, breaches of fiduciary duties, unfair preference claims, unreasonable director related transactions, voidable transactions and much more.
Bring clarity to your legal issues.
1
Have all relevant documents reviewed, any key supporting evidence for your claim or defence identified and your prospects for success assessed by one of our experienced litigation lawyers. During this initial stage, our team may work alongside other lawyers such as your accountant, barristers and third party lawyers who will perform the necessary investigations and obtain all of the evidence required to bolster your case (i.e. medical records, solvency reports etc.).
2
Once it has been determined that you have reasonable prospects of success in bringing or defending proceedings, the next step is to plan your case. Taking into account the sort of claim, jurisdiction and location of the parties, Macmillan Lawyers and Advisors will prepare a roadmap of how the proceedings will go and get the green light from you to proceed.
3
Our litigation lawyers will prepare the initial paperwork which needs to be filed in order to commence or defend the proceedings in the appropriate court or tribunal. Once filed, proceedings can take may paths; however generally involves responding to allegations made, the exchange of evidence and ultimately a hearing of the dispute at trial to determine the case on the evidence. You will be able to rely on our experienced litigations lawyers through all of this.
4
Alternative Dispute Resolution (ADR) is sometimes the best way to resolve a dispute. ADR is the name given to alternate means of settling disputes without proceeding to Court or all the way to trial to avoid having you go through the time and cost of long, drawn-out litigation. ADR methods include arbitration, mediation or without prejudice negotiations. ADR procedures are usually less costly and more expeditious. Our lawyers are familiar with the ADR processes and regularly utilise ADR to resolve complex disputes.
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71 Eagle Street,
Brisbane QLD 4000
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