When negotiations break down
Litigation is the process of taking a dispute through Court. Commercial litigation generally involves two or more companies, or business people, who have been unable to negotiate a resolution of the dispute. Civil litigation is typically between individuals rather than companies or businesses. Court proceedings are commenced by a party to the dispute so that a Judge can determine the claim.
Foye Legal handles litigation claims for contract disputes, insurance disputes, shareholder disputes, franchising disputes, bankruptcy and insolvency, defamation, debt recovery and consumer law disputes.
It is our aim at Foye Legal to prevent litigation by negotiating the resolution of disputes through alternative dispute resolution representation including mediation, conciliation and arbitration. There are numerous ways a resolution can be reached and your lawyer will be able to provide you with options. Your lawyers ability to think laterally and outside of the box will be crucial to you reaching a satisfactory outcome and, ideally, avoiding the costs and hassles involved in going to Court.
Strict time limits apply to commencing proceedings in Court. It’s important to seek legal advice as soon as possible.
Our commercial and civil litigation services
Contract Disputes
Companies, businesses and individuals use contracts for a number of reasons. Contracts provide security for each party, clarity on how transactions are to be conducted and rules that govern the relationship between the parties. A contract is essentially a series of promises (contractual obligations) that parties make with each other when they enter into a working relationship. A contract can be written, verbal, implied from the conduct of the parties, or a mixture of all. When a party fails to perform their contractual obligations they are said to have breached the contract.
Our lawyers are experienced to provide you with advice as to the various remedies that are available, depending upon the circumstances surrounding the working relationship between the parties, what terms were breached and what damages were incurred as a result of the breach.
Insurance Law Disputes
Insurance cover is taken to protect against unforeseen risks and are typically designed to cover specific situations and exclude others. An insurance company may reject a claim, not pay your benefits in full or delay the processing of your claim.
Our lawyers can help you navigate this complex regulatory environment by providing advice about liability insurance and indemnities, negotiating insurance provisions (both commercial and personal policies) and resolve insurance disputes.
Shareholder Disputes
The rights and obligations of directors and shareholders are regulated by the Corporations Act and other contractual documents related to the parties.At the core of a shareholders dispute is a battle for control and the benefits this control may provide. Shareholder disputes can arise between directors and shareholders of a proprietary limited company or unlisted public company, directors of a trust, partners in a partnership and any other disagreement about the management of an entity between the controllers.
Our lawyers are able to advise on a strategy and available remedies to resolve the dispute considering the value of the enterprise and the specific circumstances of the dispute.
Franchising Disputes
Franchisors must develop an internal procedure for handling complaints. This procedure must be set out in the franchise agreement and meet certain minimum standards set by the Code of Conduct. The Code provides a procedure for resolving disputes and either party may initiate the complaint handling procedure under the Code or agreement. The Code requires you to first try to resolve the dispute with the other party however if you can’t agree on an outcome within three weeks, either party may refer the matter to mediation.
Our lawyers provide legal advice as to whether mediation is appropriate for the dispute and whether alternative legal action should be taken.
Bankruptcy and Insolvency
Insolvency is simply a situation where a company can no longer meet it’s debt obligations. This can be caused by things like a large debtor failing to pay, or a slow decline in sales revenue that’s now become irrecoverable.
Bankruptcy is the process of releasing an individual from almost all of their debts and, in some cases, it can offer a fresh start.
Our lawyers advise individuals and businesses on a broad range of legal options regarding insolvency and bankruptcy processes. We also act for businesses, liquidators and other organisations in recovery actions for unpaid debts.
Defamation
Defamation is governed by the Defamation Act 2005 and occurs when someone communicates or otherwise publishes material which is harmful to the reputation of another person or entity. It does not matter how the material is published, so long as the material is communicated in a comprehensive manner to another person. This includes social media such as Facebook, Twitter, Snapchat, Instagram and so on.
Our lawyers can represent you in a claim for defamation, the purpose of which is to protect the reputation of individuals and businesses by seeking compensation against the publisher of the defamatory material.
Debt Recovery
Legal action can be taken against businesses, individuals and other organisations that have failed to pay for services or products provided to them.
Foye Legal provide a cost effective approach with streamlined processes to expedite the recovery of outstanding debts. There are many different ways to achieve this from the preparation of letters of demand, through to commencing proceedings, obtaining judgement and enforcement orders.
Consumer Law
A consumer claim is one made against a business by an individual who has been negatively impacted by that business’s product or services. The basic premise of the Australian Consumer Law (ACL) is that when goods or services are purchased, there is a guarantee that it will work and serve the purpose that it was purchased for. If the goods or services fail to meet the consumer guarantee, then it may be replaced, repaired or refunded.
Our lawyers provide advice to consumers who have been subjected to unfair trading practices by producers or sellers by administering the ACL and protecting the rights of consumers.