Faq's
Family Law
As soon as you have separated you can make arrangements to split your property and debts between you and your ex partner, you do not have to wait until you are divorced.
No, not at all. If you have already agreed on how things should be divided between you, your lawyer can draw up the document which will finalise the arrangements, and then get underway the legal processes which will split the assets.
There is an established process in cases where there is disagreement over how property should be split. Firstly the court needs to be satisfied that you have attempted to reach agreement, and to this end you will be ordered to participate in dispute resolution.If this doesn’t resolve the matter then an application for property orders must be filed with the Family Court or Federal Magistrates Court. This application must be made within 12 months of your divorce becoming final.The matter will be set down for hearing and a legally binding decision will be made by the court.
Firstly the court will calculate the total assets owned by both parties, including property, shares, cars, jewelry, savings, furniture etc. This includes things you brought into the relationship, those acquired during the relationship and also those purchased after separation.Next the court will weigh up the contributions from both parties, including financial, non-financial, inheritances and assets brought into the relationship.Then the court will look at the future needs of both parties, including factors such as your capacity to earn money and your parental responsibilities.Lastly the court will make a decision based on what is just and equitable to both parties.
Commercial Law
The types of damages that may be recovered in a commercial dispute depend on the specific details of the case and the applicable laws. However, some common remedies that our experienced commercial litigation lawyers may pursue include compensatory damages to cover quantifiable financial losses sustained, such as lost profits, decreased business value, and lost opportunities.We may also seek restitutionary damages to prevent unjust enrichment of the other party, such as the return of wrongfully obtained assets. In egregious cases, punitive damages that punish intentional or reckless actions may be available.Other potential damages can include recovery of legal costs and fees incurred in pursuing the dispute, interest on unpaid or delayed payments owed, injunctions to prevent continued harmful actions by the other party, and specific performance to compel completion of a contractual obligation.Overall, the goal is to make the injured party financially whole again and prevent future harm. We can advise on the most relevant and applicable damages to seek based on the particulars of your commercial dispute.
We strongly encourage alternative dispute resolution methods that can often resolve commercial conflicts faster and less expensively than going to court.Some options we frequently advise exploring include direct negotiation between the parties to reach a settlement agreement, with our lawyers representing you in these negotiations. Mediation is another alternative, using a neutral third-party facilitator to foster constructive dialogue and compromise.Arbitration is also an option, where a private arbitrator essentially acts as a judge and issues a binding decision. Early neutral evaluation can provide a non-binding expert opinion on the dispute to help move things forward. There are also industry-specific resolution processes, like construction adjudication. The right option depends on factors like the relationship between parties, the complexity of the dispute, and overarching goals.Our experienced commercial litigation team can guide you in assessing alternatives to make fully informed choices. While litigation is always a last resort if other methods fail, we make every effort to resolve matters through more efficient means first.
To help proactively avoid contractual disputes down the line, we offer services like reviewing agreements to identify any ambiguous language, close loopholes, and address potential risks before signing. We can customise terms and conditions specifically aligned to your business needs and risk tolerance.
Our lawyers also provide guidance on best practices in contract formation, execution, and documentation and can assist with navigating complex negotiations to foster alignment. Creating contingency plans for potential breach scenarios is another key aspect.
With comprehensive contract development and review assistance, our aim is to prevent issues arising from contractual uncertainty or misalignment between the parties in the first place. No contract is ever dispute-proof but we can help reduce the risk and give you piece of mind.