• Partnership Disputes

    Partnership Disputes

    We have resolved hundreds of disputes between business partners and understand they are not easy.

    That’s why you need to engage a specialist in resolving these types of disputes.

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  • Trade Disputes

    Trade Disputes

    When it comes to business disputes, we have seen them all.

    We are experts at enforcing agreements and intellectual property rights to protect your business.

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  • Employee Disputes

    Employee Disputes

    We are all too aware of the damage an employee can do if they defect to a competitor with confidential information.

    We specialise in resolving disputes of this nature.

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  • Debt Recovery

    Debt Recovery

    Getting paid on time and in full is so important for every business.

    Our track record proves we know what we are doing.

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  • Business Transactions

    Business Transactions

    We are first and foremost business lawyers for business owners.

    We will give you the tools you need to take advantage of commercial opportunities whilst ensuring minimal risk.

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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