Commercial and Civil Litigation or Disputes

Contracts and business agreements – Business Advice

If you would like help in drafting a business or commercial agreement, we are here to help. Ring for an appointment to discuss what you are trying to achieve and how to do that.

If you are contemplating entering into a contract (which is any form of agreement under which two or more parties mutually agree to do certain things including, but not limited to, the payment of money) it is always a good idea to take advice before you sign something produced by the other party.

A contract will usually set out what the parties are each agreeing to do (and/or pay) and the consequences if one of the parties does not do certain things. It is important to understand exactly what you are agreeing to before you commit to the contract by signing it. Some agreements even include terms which state that the parties ‘have had the opportunity to take legal advice’ before signing- so it is prudent to do just that.

If the contract says what you think it should say- all well and good, but if it includes provisions which have not been mentioned or discussed or which you are unaware of, you may be putting yourself in a very difficult position if you don’t find out about that until something goes wrong.

So – take advice first – not when it may be too late!

Civil Litigation and Disputes

If you have a dispute with a company or person you have done business with, it is a good idea to take advice on your rights (and obligations) before things get out of hand.

This applies if you are in business yourself – or if you are an individual purchasing goods or services from a business entity.

There may be a contract / written agreement which sets out what is to happen in the event of a dispute or disagreement- and how it is to be resolved. Conversely, there may not be anything in writing but you may still have rights and / or obligations at law or in equity which you should know about.

Knowing where you stand before a dispute escalates is the best way to start.

We recognise that disputes can occur in all relationships and environments and, until resolved, can involve great expense in both time and money. We work with our clients to effectively manage disputes and minimize disruption. We aim to produce a timely resolution through alternative dispute resolution mechanisms such as mediation or arbitration or, if necessary, litigation (Court action).

We are focused on achieving the best possible outcomes for clients whether they be individuals, partnerships or companies.  Mouldens represents clients in litigation from the simplest of Magistrates Court proceedings to the most complex Supreme Court and Federal Court matters.

Advice and Representation

If you think you might have to sue someone – or perhaps have been sued yourself, Mouldens can assist to guide you through the process with timely and cost effective advice and representation in all Courts and jurisdictions.

We have many years’ experience in most areas, including

  • Contract Disputes
  • Commercial Litigation
  • Civil Litigation
  • Trade Practices
  • Partnership and Joint Venture Disputes
  • Property Transactions
  • Consumer Credit and Guarantee Disputes
  • Intellectual Property Claims
  • Building Disputes
  • Insolvency, Liquidation and Bankruptcy Proceedings
  • Professional Negligence

Debt Recovery and Security Enforcement

If your business is owed money you may be facing cash flow problems but still be reluctant to actually sue because you are unsure what is involved or how much it will cost.

We have assisted many clients over the years in advising of options and in setting up debt recovery procedures which are both efficient and cost-effective – as well as achieving desired results.

 

If you would like to discuss how we can assist your business with Commercial and Civil Disputes, Litigation, or Business Advice  contact us to make an appointment to see Debra Lane.