Commercial Disputes & Litigation

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What is Unconscionable Conduct? Does it apply to my business contract dispute?

When you seek a lawyer’s help to resolve a breach of a contract dispute, the first step is to analyse the agreement between the parties. In some cases, strict contract application can cause one party to suffer loss in manifestly unjust or unfair circumstances. Still, the contract the two made is technically legal because it’s …

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Coronavirus and debt recovery

COVID-19 and Debt Collection – Getting Paid In Difficult Times

In business, cash is king, but with COVID-19, our worlds have been thrown upside down. With sensitivity in these difficult times, what can we do to recover money owed to a business? How do you recover debts owing to a business in these challenging times of COVID-19 and the coronavirus? 1. Re-negotiate your supply terms …

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Is a ‘Statutory Demand For Debt’ the Best Way to Recover Money a Company owes you?

What do you do if a company owes you money and offers no reasonable payment date? You might send a pro forma Letter of Demand demanding payment by a specific date and threatening legal action if it doesn’t happen. You might even have a solicitor write a letter of that type. That will probably do …

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Recent Cases: Directors Legal Liability for the Wrongs of the Company

The way that courts are looking at directors’ duties these days, you have to look at the whole situation of the company. Particularly as directors can become personally liable for decisions made in their capacity as a director of an Australian company. This applies to all the directors’ duties outlined in the Corporations Act 2001, …

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When starting Litigation to Protect Your IP: Anton Piller Search Orders

Usually, when somebody brings a court action, there is a drawn-out process called ‘discovery’ where each side asks for evidentiary material from the other side. Sometimes that gives people time to destroy or conceal evidence. So right at the start of litigation, you should consider asking the court for urgent orders, such as the Anton …

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Asset Freezing Orders by a Court – Mareva Injunctions

An ‘interlocutory injunction’ is a court order made during a court case before the final judgement, usually considered at the very start of litigation. For example, in the case of a copyright breach involving clothing, the case will take months at least to resolve. Still, the clothes copied from your designs, or the plans you …

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