Understanding Garnishee Orders in Australia Receiving a garnishee order in Australia is often a sign that a debt matter has escalated, usually after a judgement has been obtained. As economic pressures continue, creditors are making greater use of garnishee orders to recover unpaid debts. With enforcement activity increasing, individuals and businesses alike need to understand...Read More
After you’ve won a court case and have received a favourable judgment, but the other side is yet to pay. What do you do? This is actually quite common in NSW. The losing party is required to pay or act on the court’s requests. This is where debt recovery through legal action comes in. This...Read More
What Is Tendency Evidence Under the Evidence Act NSW? Tendency Evidence, as the name suggests, is evidence used to prove the defendant’s “tendency”. This evidence is excluded by the Evidence Act NSW 1995, but can be admitted if the court thinks that the evidence has significant probative value and outweighs any risk of prejudice. This...Read More
What to Do When Your Business Faces Defamation? Business defamation can devastate your company’s reputation and bottom line when false and damaging statements spread about your enterprise. Discovering that someone has made false and damaging statements about your business can be overwhelming. Whether it’s a malicious online review, social media post, or comments to your...Read More
Managing Insolvency and Legal Disputes Understanding corporate litigation, liquidation, and insolvency procedures is crucial for business directors and stakeholders facing financial difficulties or legal disputes. This comprehensive guide covers litigation management, insolvency options, liquidation processes, and statutory requirements that affect Australian companies. Whether your company faces litigation threats, insolvency concerns, or requires guidance on liquidation...Read More
Through Specific Performance Protecting your contractual rights is paramount for businesses and individuals alike. The most commonly adopted form of remedy is monetary compensation. While damages are the standard legal relief, there exists a far more compelling equitable redress “Specific Performance”: Turner v Bladin [1951] HCA 13. Specific performance is a court order which compels...Read More
Civil and Criminal Appeals When a court delivers a judgment, whether in a civil or criminal matter, the decision is not always final. In many circumstances, parties have the right to appeal. The appeals process allows a higher court to review decisions made by a lower court to ensure they are legally sound and procedurally...Read More
What is Mediation? Mediation is a process in which a neutral and independent third party, known as a mediator, assists disputing parties in reaching a mutually acceptable agreement. A mediator may be appointed either privately or by the court. This process serves as an alternative to traditional court proceedings, offering a less adversarial and more...Read More
Civil litigation proceedings provide a structured legal framework for resolving disputes in New South Wales. The civil litigation process follows a defined path, typically through the Local Court (claims up to $100,000) or District Court (claims up to $1,250,000). The Supreme Court has jurisdiction for claims over $750,000 and cases involving urgent instructions, complex legal...Read More
Oral contracts are legally binding in many situations, but proving their existence and enforceability can be challenging. Whether you’re entering a business deal, agreeing to services, or resolving a dispute, understanding how oral contracts work is essential for protecting your legal rights. Our commercial lawyers Sydney advise businesses on the enforceability of oral and written...Read More
