Litigation is the Formal process of resolving disputes through the courts.
GP Legal Litigation
A complex litigation matter requires an assertive, tenacious and thorough team working towards a desired outcome or range of outcomes.
GP Legal is experienced in negotiated selecting and briefing barristers (also referred to as ‘Counsel’ during proceedings) to represent you in Court
Commercial Litigation is when two or more businesses or companies are involved in a dispute.
When your business becomes embroiled in a conflict or legal dispute, it is advisable to get professional legal advice as early as possible, so your rights are best protected.
GP Legal can assist from the time you are just opening negotiations through to seeking representation at an upcoming court appearance.
At the heart of many commercial disputes, an alleged breach of Contract is involved.
Typically between individuals or organisations who are engaged in a disagreement about private rights, civil disputes often occur because one party believes the other has breached an agreement which has caused some kind of damage and any relationship that may have been there previously has now broken down.
One civil litigation category concerns neighbour disputes which occur all too commonly and, if allowed to escalate without being addressed can make life at home uncomfortable. These disputes fall under the following jurisdictions:
1. Trees (Disputes Between Neighbours) Act 2006
2. Dividing Fences Act 1991 whose jurisdiction is the Local Court of New South Wales
Debt recovery is another matter which can require going to court if the parties are unable to resolve beforehand and the only way to receive the money owed is to have the Court enter a Judgment against the debtor or proceed to prosecution.
If you have a civil dispute which you are unable to amicably resolve directly with the other party, then the next step is to engage a Solicitor to assess your case, negotiate on your behalf and if necessary prepare, file and serve a Statement of Claim.
If you have been served with a Statement of Claim in a civil matter, it is important to instruct a Solicitor to review your case as soon as possible, so they can advise you on what should be included in the Defence document that needs to be filed with the Court in response. Delaying your preparation of a response till the last minute or ignoring the Statement altogether may result in the court making a judgment against you.
GP legal can also assist with procedures to enforce any Judgments entered against Debtors, such as Writs, Examination Summons, Garnishees Orders, or in the instance of company debtor bankruptcy, we can file an Originating Process to have the Court appoint a Liquidator and commence winding-up proceedings.
Mediation and Dispute Resolution
Our aim is to prevent litigation wherever possible by negotiating the resolution of disputes before they reach Court.
A dispute resolution method can provide a satisfactory outcome that is more beneficial to both parties than commencing legal proceedings.
Depending on the parties and the nature of the dispute, a professional mediator can assist in distilling the key issues and helping to reach the best possible outcome for all parties.
GP Legal can provide preparation coaching for your appearance, or appear with you where legal representatives are permitted.
Planning & Environmental Law
The Environmental Planning and Assessment Act 1979 (the ‘EPA’) is the legislation governing New South Wales’ modern planning system. Since its inception it has undergone many changes and has been the subject of many legal disputes.
GP Legal can advise on the ‘EPA’ and interpretation and application of State Environmental Planning Policies (‘SEPPs’) and Local Environment Plans (‘LEPs’).
Our planning and development clients have included individuals up against local Council, who we have represented in Land and Environment Court litigation on issues of existing use to prevent a demolition order being issued. We have also advised Clients on their acquisition of licences.
Building & Construction Law
GP Legal has had significant experience in the following:
Assisting Contractors through the legislation designed to help them get paid for work completed, the NSW Building and Construction Industry Security of Payment Act 1999 (the Act). We assist you through the adjudication process to ensure submissions are compliant.
Negotiating in the pre-contract stage and drafting of Special Conditions for Construction and Lease Contracts.
Advising Clients on their Development Applications to local Councils.
Handling pre-litigation steps including Alternative Dispute Resolution, through either negotiation, mediation or arbitration.
Preparing for court proceedings where the parties are unable to resolve their disputes.
If you feel an unfair or unlawful action has taken place at your work, GPLegal can help you assess your situation and resolve it, ideally without resorting to court proceedings.
We can assist with employment contract review and advice regarding clauses concerning confidentiality, anti-compete and restraint of trade as well as guidance for a termination of an employment or unfair dismissal.