Discovery of Documents in Court Proceedings

Discovery is a Court mandated process of having litigants view documents that are relevant to issues being litigated before a Court.  The issues being litigated will generally depend upon the pleadings (court documents) filed by the Plaintiff and the Defendant and...Read More

My Solicitor Quit, Notice of Ceasing to Act

“If solicitors cannot obtain instructions or funding from the client then they are entitled to file a notice that they have ceased to act.[2]” The general rule in litigation is that Solicitors are entitled to cease acting for a client (quit) in legal...Read More

I signed a bad deal, do I have to pay?

Negotiate the terms before you sign, not when you get the bill.   I signed a bad deal is not a good defence. Dealing with business disputes is what I do day in and day out. So, I get to see all sides to disputes and the people that have them.  From my observations,...Read More

Stay that Bankruptcy

The Full Federal Court in the case of Totev v Sfar [2008] FCAFC 35 considered the practical difficulties and effect of time lapsing between the original sequestration order being made and a review by way of hearing de novo.  During that time, without a stay in place,...Read More

13 Questions to Ask the Lawyer before Suing

by Kristine Hopkins, LLB(hons), LLM, Australian Legal Practitioner Suing someone is not always sensible and simple cases can turn into complex defended litigation costing hundreds of thousands of dollars. At that point, the matter is no longer commercial. Some lawyers...Read More