Question 1

How much does litigation cost?

Accepted Answer

This depends on the complexity and degree of difficulty,  and the willingness of the other party to come to a sensible agreement. 
Initial costs range from $1,250 - $2,500 for most cases.
To enable you to plan and budget, we can give you cost estimates for each stage of the dispute resolution and litigation process.

Question 2

What steps should you take if you receive a court claim?

Accepted Answer

If you receive a court claim, contact a lawyer immediately. You must file and serve a defence within 21-28 days, depending on the court. Missing this deadline can lead to extra legal fees and may limit your ability to defend the claim.

Question 3

What are QCAT, NCAT, VCAT, and SACAT, and when should you use them?

Accepted Answer

QCAT, NCAT, VCAT, and SACAT are tribunals where individuals can represent themselves in specific legal disputes. Legal costs are usually not recoverable in these tribunals, so it's essential to seek advice to decide if this is the right option for your case.

Question 4

Can you help with corporate insolvency and personal bankruptcy?

Accepted Answer

Yes, we provide assistance with both corporate insolvency and personal bankruptcy. Early advice is crucial to prevent cash-flow problems and protect your credit rating. We work closely with you and your accountant to address these challenges and safeguard your assets.

Question 5

What should you do if you can't find a Will?

Accepted Answer

If you can't find a Will, reach out to local law firms in the resident's area. Once the Will is located, we can help you address any disputes or issues.

Question 6

What is a breach of contract?

Accepted Answer

When one party fails to fulfil the terms of a contract, they are considered to have breached the contract. Failures could include not delivering on time, not holding the required insurances or failure to deliver services or items to the required standard.

Question 7

How can I protect myself against leasing disputes?

Accepted Answer

Disputes can range from disagreements about rent level or failure to pay rent to where a landlord causes difficulties for the tenant’s ‘quiet enjoyment’ of the premises they’re renting. To mitigate your risk, you should ensure that you’re fully aware of your legal obligations as a tenant or a landlord. For residential, the Tenants Fact Sheet (https://tenantsqld.org.au/info-for-tenants/tenancy-facts/)has more detailed information. For commercial leasing, see this leasing guide from the Queensland Law Society.(https://www.qls.com.au/For_the_community/Legal_brochures/A_legal_guide_to_business_leases)

Question 8

Can you appeal a Planning and Environment Court decision?

Accepted Answer

Yes, you can appeal a Planning and Environment Court decision. However, it's always better to resolve the dispute in your favour from the outset. We recommend seeking advice from a solicitor experienced in development applications and community consultation.

Question 9

What is alternative dispute resolution and when should I use it?

Accepted Answer

Whatever your problem, going to court should be your last resort. 
Competent experienced solicitors will often advise you to use alternative dispute resolution. 
This is a method of helping parties settle or resolve disputes often with the assistance of a mediator.

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Simon Taylor Solicitor
Gold Coast Litigation Lawyers

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