In the business world, parties are often in dispute over a wide range of issues.

These can include a disagreement as to the following:

1. Where a party was supposed to provide to another party by way of goods or services.

2. A disagreement as to an interpretation of agreement between the parties.

3. One party has not fulfilled what it promised.

4. A dispute about a service or product provided.

5. The disagreement between business owners, including the ownership of shares and whether one party has acted unreasonably with respect to the business and any commitments made.

In all these areas the law can seem complex and often results in significant disputes between parties.

The Supreme Court of New South Wales is often the venue where parties attend for the purposes of seeking resolution of such disputes.

Depending on the dispute itself, the parties will also be encouraged (and often an agreement requires this) to try and mediate to the extent of at least trying to narrow the issues between them.

As such, it is vitally important that succinct and clear advice is provided to anyone in such a situation to make sure that they are properly protected and that any dispute, if possible, can be resolved as quickly as possible.

Time and money costs that often a business can afford.

Our firm provides half an hour free advice to give you some brief advice to see if we can assist you in this process. Start a conversation by emailing us at reception@culletonlawyers.com.au

In all of our lives we enter into a number of numerous contracts at various stages.

The basic understanding in a contract is that one party provides a service, goods or fees and in return the other party provides the same.

Most contracts that we enter are not in written form.

The more financially important a contract is, will often determine whether a contract is in writing. Common examples of contracts in writing include buying a home, paying for a car and taking out a loan with a bank.

In many situations, the party entering a contract can have a misunderstanding as to what the contract actually requires. This is particularly so if one party engages the services of a professional to assist them. Examples of that are engaging a professional such as an accountant, architect, or lawyer.

The common problems that we see when advising client are as follows:-

1. What was in fact the contract and the agreed price?

2. How long was the contract for?

3. Has there been any performance of the contract?

4. What was the agreed price and is payment due?

In advising all our clients of this, we commonly see misunderstandings or disagreements as to what the contract was actually for. In the absence of an agreement, the court may be asked to determine what in fact the contract was or existed between the parties.

In our personal lives, we often face situations where money is given to a family friend, partner, or sibling. In these situations it is often even more difficult to prove that the money provided was in fact a loan rather than a ‘gift’.

If you are facing these situations, or you intend to provide a loan, we strongly recommend that you contact our office to go through this process with us.

If you are faced with a situation where you are unhappy with the performance of a contract, or dispute any payment that is claimed, please contact us at reception@culletonlawyers.com.au so that we can provide you with the appropriate advice.

If you are a business or individual, you may face a situation where you are owed a debt, or someone owes you a debt.

Unless you can come to an agreement with the other party, you will need to defend a claim or make in court proceedings.

What can seem straightforward on the surface, often is not.

The parties can dispute one or more of the following:

1. Is there a repayable and can it be proven? This involves looking at any written documents (if any) or any other relevant circumstances.

2. What was the terms of the arrangement and when it is repayable?

3. Does the person who owes any money have any way of paying the debt, including any cost orders to pay a contribution towards legal costs?

4. Was the arrangement an enforceable debt as opposed to a gift

In NSW the local court, District Court or Supreme Court will be the appropriate court venue. Where proceedings are commenced will be determined by amount of the debt.

At Culleton lawyers we have extensive experience in this area. Our advice to clients includes the following: -

1. Advising in relation to appropriate steps prior to the commencement of any legal proceedings.

2. Drafting Court documents.

3. Issuing proceedings.

4. Attending to all procedural stages in the court process.

5. Dealing with the final hearing.

Once Judgment has been obtained, our services also include advising clients in relation to the enforcement of a debt, including any relevant costs and expenses ordered to be paid by the Court.

This process involves providing advice on what is the appropriate way of enforcing the debt, including bankruptcy for an individual or liquidating a company.

If you are faced with this situation, please contact Culleton Lawyers at reception@culletonlawyers.com.au to start a conversation.