• Commercial Law

    Commercial Law

    We are business people as much as we are lawyers. We will take care of the legal documents so you can confidently run your business.
    As your business grows, its risk profile and governance challenges will change. We partner with our clients over the long term to ensure they are in the driver’s seat for success.

    LEARN MORE
  • Dispute Resolution

    Dispute Resolution

    We are in your corner when the going gets tough. Having resolved over 6,500 disputes for business owners have seen it all before.

    Whether you need a skilled negotiator or a fearless litigator, we specialise in delivering commercial results when:

    Customers refuse to pay;
    Suppliers let you down; and
    Business Partners do the wrong thing.

    LEARN MORE
  • Employment & Safety

    Employment & Safety

    The biggest challenge for any business owner, is managing their employees.

    A difficult employee can make you question why you got into business in the first place and be toxic to your team morale.

    We deliver proactive solutions to manage your team via employment contracts, policies and procedures as well as handling employment disputes when they arise.

    LEARN MORE
  • Property & Construction

    Property & Construction

    Property is the key most wealth in Australia.  Whether you are buying, selling, leasing or developing property, you need a lawyer you can count on.

    We can advise on the whole property development process from obtaining finance to development approvals, construction and sale or leasing.

    We also act for the Master Builders Victoria and have extensive expertise in construction contracts and disputes.

    LEARN MORE
  • Family Law

    Family Law

    At Taurus Legal Management we understand the unique challenges clients encounter during family disputes, especially when children are involved. Our family lawyers specialise in handling high-asset cases with a focus on protecting clients wealth, securing their family’s future, and safeguarding the best interests of their children.

    LEARN MORE
ENQUIRE

How to Vigorously Defend a Court Proceeding

If you are served with court documents, you must act quickly. This is not something to sweep under the rug and hope it goes away. You should seek legal advice ASAP and implement a strategy which you can maintain throughout the whole court proceeding. If you want to take a hard approach and vigorously defend the court proceedings, we recommend implementing the following:

Counterclaim

In addition to filing a defence, file a counterclaim! This is a claim you make against the other side which will be heard simultaneously with their legal proceedings. Not only will this save you the legal costs of issuing a separate proceeding, but it will also immediately put pressure on the other side. They will now be forced to spread their attention and resources across both claims.

Make Them Pay

You can bring an application seeking security for costs – this is where the Court will order your opponent to pay a certain amount of money into court or your solicitor’s trust account. This is to ensure that if you are successful and receive an order for your legal costs to be paid, there is a greater chance you will receive payment.

The other side will definitely feel the pain of having to outlay significant costs, especially at such an early stage of the court proceeding. Although these applications can be determined by the Court, in our experience, they are often resolved prior to hearing.

Settle, Settle, Settle

Offering to settle the proceeding is not a weak move. Putting forward an offer of settlement can either resolve the dispute altogether or it may provide you with added cost protection moving forward. For example, if you make a Calderbank Offer which is rejected and the Court makes an order for you which is more favourable than the Calderbank Offer, you may also receive an order for your legal costs to be paid on an indemnity basis. This could potentially mean you receive an additional 40% of your legal costs back.

The cost consequences are substantial and will place pressure on the other side to settle.

If you are unsure how to defend a legal proceeding or need advice regarding an upcoming court hearing, contact one of our experienced litigation lawyers at Taurus Legal Management on (03) 9481 2000 or info@tauruslawyers.com.au.

Posted by Taurus Legal Management