The best lawyer at Southport, Gold Coast - Hunter Solicitors
Phone: 07 5532 5222
Level 1, 113 Scarborough Street,
SOUTHPORT, QLD 4215
In civil litigation an experienced lawyer is the key. Together with you our firm will work as a team, and move promptly to resolve your problem at minimal cost. We are committed to preventing matters from dragging out unnecessarily so that expenses do not build up. Keith Hunter recently spoke at the Rostrum Public Speaking Convention on the importance of exiting litigation matters as soon as possible, to avoid exorbitant expenses for the client. As a result of his address, Keith was awarded Queensland State Champion. If you find yourself involved in a dispute and are considering taking action, or if you need to defend a claim against you, contact Keith to discuss the best approach to take.
The Civil Courts consist of -
The Supreme Court deals with serious matters such as significant claims, contract disputes, contested wills and building disputes, while the District Court deals with similar matters to those in the Supreme Court, however the amount of a claim is restricted to the range of $150,000.00 to $750,000.00.
In some instances a claim may be made to a Tribunal rather than a Court. In December 2009 the Queensland Courts Administrative Tribunal (known as QCAT) was formed. Many previous tribunals including the Legal Tribunal, Nurses Tribunal, Police Tribunal, Queensland Anti-Discrimination Tribunal and the Guardianship & Administrative Tribunal, were consolidated into QCAT.
An example of an application to QCAT would be where the applicant applies to be appointed as guardian of a person suffering from dementia. Prior to the tribunal system, this type of application would have been made to the Magistrates Court, so the current system means less expense to the applicant. We are happy to offer a guidance service to our clients, to enable them to achieve the best results possible in their application.
Although this is an area which can be extensive, a typical example is action arising from a building contract, or a commercial tenancy dispute. Disputes between a landlord and tenant may also arise if the tenant has failed to pay rent, or has breached the terms of the lease by carrying out work on the leased premises without the landlord's consent. If you are a commercial tenant or a landlord involved in a dispute under the terms of your lease, we will help you to resolve the problem quickly and fairly.
We will also assist in other areas such as recovery of outstanding debts, winding up of a company, or bankruptcy.
A dispute arising from a building contract is an area which particularly requires expertise, as these types of disputes often require a great deal of attention and detail. Access to experts such as independent builders and quantity surveyors, is very important to a successful outcome. We can provide expert access to help you with your building dispute.
Conveyancing contracts are also a source of disputes. If a buyer fails to complete settlement on the due date, the seller make take proceedings for specific performance of the contract, to force the buyer to complete settlement. If a seller fails to complete settlement on the due date, because of the inability to provide the title deed for example, the buyer make take proceedings for specific performance to enforce the contract.
Contract disputes can arise when there is a problem with interpretation of the contract. Goods not being paid for within the time specified in the contract, or goods received containing faulty workmanship, are also causes of contract disputes. If the supplier of the goods engages in deceptive or misleading conduct, the party receiving the goods will have strong rights in the Federal Court to defend a claim by the supplier for payment.
Speak to us for assistance if you find yourself in a situation where a dispute may arise.
In recent times the Courts are prepared to virtually re-write a Will of the deceased, if the Will has unfairly left out an eligible beneficiary. Usually the person affected would be a child or the spouse of the deceased. Our firm is experienced in making claims on behalf of beneficiaries who have been left out of a Will. We can also assist an Executor of the Will in defending a claim by a beneficiary such as a child or spouse.
There are strict deadlines with making a claim, so it is very important that you contact us as soon as possible if you need assistance in this area.