Litigation
& Dispute Resolution

Taylor & Whitty Solicitors has represented clients in every Court in New South Wales and Victoria. We encourage using alternative dispute resolution before litigation, however, there are times when our clients simply have no choice than to proceed to Court. During the last decade, we have represented clients in the Federal and High Courts of Australia, as well as individuals and groups (class actions) against the State of New South Wales in complex litigation matters. We can help with a range of disputes, including:

• Employment matters
• Contract disputes
• Boundary disputes
• Debt collection and enforcement
• Partnership and shareholder disputes
• Bankruptcy and insolvency matters
• Equity matters

What is Alternative Dispute Resolution?

Alternative dispute resolution (ADR) refers to the different processes used to resolve a dispute without going to Court. It includes negotiations or engaging in informal settlement conferences, as well as more structured processes such as mediation and conciliation. ADR is less formal, and often a less costly and quicker way to resolve a dispute, than litigation. It offers benefits that Court processes typically cannot, such as:

• More creative solutions than what may otherwise be available through Court orders
• Less adversarial processes with a lower threshold for the presentation of evidence
• Greater control over the outcome, which is not possible if a matter proceeds to litigation and a Court makes orders
• In some cases, an opportunity for the parties to preserve their relationship

If a matter is resolved using an ADR process, the parties will need to enter into an agreement reflecting the terms of settlement reached and ending the dispute. As every dispute is different and may involve multiple parties and different issues, it is important to get legal advice on any terms of settlement before agreeing on them.

What happens when ADR doesn’t work?

Our objective is to provide alternatives to litigation so you can get your matter resolved as efficiently and cost-effectively as possible. However, in certain situations litigation is unavoidable. In such cases, we are well equipped to provide you with strong advocacy and representation.

What is Litigation?

Litigation is the process of enforcing your legal rights through the court system. Litigation often starts because one party wishes to stop someone from doing something that will cause them damage, or they are seeking compensation for damage that they have already experienced.

Litigation starts with a “claim”, often a demand for payment of money, compensation for loss, or for the rectification of an agreement. If the other party does not comply with the request, the matter goes to a Court for a judge (or other judicial officer such as a magistrate) to make a decision on who is right. The Court can make orders to enforce its decision, such as garnishing wages to pay a debt.

Debt Recovery

If somebody owes you or your business money, it can be frustrating trying to recover your entitlement to those funds. There are different ways to pursue a debt and it is important to choose the method most likely to produce the best result in the circumstances. This requires consideration of the debtor entity, the amount outstanding, whether there is a dispute, and whether certain processes apply to recovering the type of debt owed.

We can confirm the correct legal identity of the debtor and implement a strategy to recover the debt, including your legal costs to the greatest extent possible.

There is a cost-benefit consideration when pursuing an unpaid debt and it is important to avoid throwing good money after bad. We have vast experience in the relevant avenues and processes of debt recovery and can guide you in making a commercial decision as to when a claim should be pursued, enforced, settled, or avoided.

Bankruptcy and Insolvency Matters

We help clients interface with the bankruptcy trustee when it is necessary to prove a debt to secure whatever limited return may be possible when an individual debtor is declared bankrupt, or a corporate debtor forced into receivership or liquidation.

We also help company directors avoid personal liability from insolvent trading if the company is struggling. While company directors have a duty to avoid insolvent trading, there may also be avenues open to them to help restructure debts to avoid liquidation if they want to save their business.

We are skilled negotiators and encourage a range of alternative dispute resolution services if we believe a specific avenue will deliver the best outcome. We will guide you through the different processes, explain their strengths and weaknesses, and recommend the best strategy. There may be a time when litigation will be your best and only option to resolve your conflict. In that case we will fight hard to enforce your legal rights.

If you need assistance, contact Aaron at [email protected] or call 03 5872 1966.