Brisbane Commercial Litigation Lawyers > Brisbane Litigation Solicitors > Aitken Whyte Lawyers > Brisbane Law Firm

Brisbane litigation lawyers > Brisbane commercial litigation solicitors > Brisbane court and disputes law firms > professional negligence claims > appeals Aitken Whyte Lawyers, Brisbane Lawyers – LITIGATION AND DISPUTES -COURTS AND APPEALS - Brisbane Lawyers and solicitors Our Brisbane team of lawyers provide a full range of litigation and dispute resolution services for our clients. Our solicitors have successfully been involved in complex litigation in all courts in Brisbane, Queensland and the Federal Courts. Depending on the size of the claim, the action will be brought or defended in the Magistrates’, District or Supreme Court. Disputes under federal legislation are determined by the Federal Court and Federal Magistrates’ Courts. There are also various state based tribunals that can adjudicate on some disputes such as retail shop leases and building matters. Examples of just some of the types of disputes our lawyers handle include: General commercial litigation and commercial disputes Trade Practices and Fair Trading matters including misleading and deceptive conduct Professional negligence and breaches of duty Contractual interpretations, disagreements, or breaches such as employment, restraints of trade and guarantees Leasing disputes Real property disputes Equitable relief such as orders for specific performance or injunctions Debt recovery Employment issues such as unfair or wrongful dismissal, termination and redundancy Liquidation, insolvency and bankruptcy matters Corporations Law disputes including directors’ disputes, oppression actions for minority shareholders and breaches of directors’ duties Partnership disputes and break downs in businesses Breaches of trust, fiduciary obligations, trustee issues and beneficiary rights Consumer, Trader, and Tenancy Tribunal issues including retail shop leases and real estate agent issues Alternative dispute resolution procedures including negotiation, mediation, arbitration and case appraisals And many more Aitken Whyte Lawyers in Brisbane can provide you with practical legal advice to evaluate your situation, whether you have a claim, or someone is making demands on you. The preliminary stages of disputes are the most vital to achieve the outcome that you are looking for. Our plan is to work with you to make sure that results, in terms of time frames and costs, are agreed and understood to begin with and make sure that you appreciate the processes and minimize the stress involved. Aitken Whyte Lawyers, Brisbane Lawyers – PROFESSIONAL NEGLIGENCE We are all entitled to expect any qualified specialist we engage to provide a professional service, worthy of the price being charged and with the expertise with which they hold themselves out. On some occasions however an expert may fall below the skill which should have been provided. If that has caused a person damage or financial loss, they may be entitled to a remedy and the professional answerable for this. When things go wrong that shouldn’t or clients are inappropriately or carelessly advised, then the consequences can be financially disastrous. ‘duty to exercise reasonable care’ Professionals such as accountants, stockbrokers, financial advisers, lawyers and engineers, just to name a few, owed duties to their clients. Those duties are to exercise reasonable care founded in contract and tort (negligence). They are required to do what a reasonably competent practitioner would do having regards to the standards normally adopted in the particular profession. If the conduct falls short of the standard which the public has been led to expect and leads to loss, then this wrong can be actionable. These claims are generally described as professional negligence but can be based in contract or in negligence and potentially also breaches of trust. Each year our firm handles disputes and advise our clients in relation to such matters and which have led to many claims in the District and Supreme Courts. Quite often, the disputes themselves can arise not out of complicated transactions involving difficult concepts but rather, most of the time, the professional has simply taken their ‘eye off the ball’ and it is more than usual the simple mistakes that can lead to such economic loss. That’s not always the case, however and there are many situations that are indeed complex. Some examples have included: Lawyers who have failed to commence proceedings for clients before the relevant limitation period expired, so that the clients have lost their opportunity to pursue a valuable claim; Insurance brokers who have not obtained all the types of insurance cover required by a business and when needing to make a claim on the insurance company, the business finds they don’t have the cover they believed they should have; Accountants advising clients to adopt tax minimisation schemes but the Australian Taxation Office subsequently finding the schemes to be a sham; A sharebroker who had specific instructions to sell shares when they reached a specific price. When that price was achieved, the broker failed to sell the shares and the price continued to fall. Instances of pest inspectors failing to advise prospective purchasers of houses of termite damage and current infestation in the house they proceeded to buy. Real estate agents who make statements in the course of dealings for the seller of property. A house being built on unstable foundations where solutions could have been employed by the engineer and builder to avoid the subsidence problems but were not. ‘Queensland District and Supreme Courts’ The District Courts in Queensland have jurisdiction to hear such claims when the amount in dispute is between $50,000 and $250,000 and the Supreme Court hears claims when the amount is above $250,000. Claims for damages for breach of contract and negligence need to be commenced within 6 years from the date the cause of action arises. If they are not, the action will not be maintainable. As such, you should not delay considering your rights. If you believe you have sustained some significant loss and would like to discuss your options or obtain some formal advice, contact Robert Aitken from our office for a discussion. The information given here is not intended to be legal advice. If you believe you have any rights against a professional, you should consider obtaining legal advice and not delaying this as you may lose your rights. Aitken Whyte Lawyers, Brisbane Lawyers – CONTESTING WILLS - FAMILY PROVISION CLAIMS – WILLS DISPUTES Aitken Whyte Lawyers are your Brisbane solicitors for Family Provision Claims also known as applications for “further and better provision” out of an estate. A Family Provision Application can be brought before the District or Supreme Court if you feel that adequate provision has not been made for your proper maintenance and support from the deceased’s estate, under a Will or upon intestacy. WHO CAN APPLY Spouse (including de-facto spouse); Children, young and adult (including stepchildren); Dependents (including parents, parents of any infant child(ren) of the testator or a person under 18 years who was wholly or substantially dependent upon the Testator at the time of death); Ex-spouse (even if they have previously received settlement as a result of divorce, although this would affect the amount of any Order made by a Court). Applicants who are the Executors may also apply (if there is no co-executor, an independent succession specialist may be appointed to carry out the role of the respondent). Generally, a person making an application must establish a “need”, i.e. must satisfy the Court that adequate provision has not been made for them. If there is a “need”, then the Court will consider whether any Order will be made to satisfy the “need” and if so, in what amount. TIME LIMITS You must give notice of the intended application to the Executors within 6 months of the date of a person’s death, and must commence proceedings within 9 months of their death. You could lose your rights quite easily and quickly so early legal advice is strongly recommended. Likelihood of success of your application Whether your application will be successful or not depends on a number of factors, including but not limited to: The size and nature of the estate; Your financial position; Your health and the health of your family (ability to earn income); Your family situation; Any contributions to the building up of the deceased person’s estate; Number and quality of any competing claims; Any disentitling conduct on your behalf. Possible outcomes If your Family Provision Claim is not resolved through mediation, a court will determine the outcome following a hearing. OUR ROLE - BRISBANE LITIGATION LAWYERS Aitken Whyte Lawyers offer quality legal advice as to your chances of success, as well as help to prepare all necessary documents to support your Family Provision Claim, oversee the mediation process and prepare and attend trial if required. Aitken Whyte Lawyers in Brisbane offer quality legal advice on all aspects of commercial litigation, professional negligence and court disputes. Visit our website at http://www.awlaw.com.au Contacat us at: AITKEN WHYTE LAWYERS > Contact > Brisbane Lawyers Contact Details Aitken Whyte Lawyers - Brisbane Drink driving and DUI Lawyers Robert Aitken Brisbane Telephone: +617 3229 4459 Fax: +617 3211 9311 Postal address: GPO Box 2792, Brisbane Qld 4001 Australia Address: Level 3, 303 Adelaide Street, Brisbane Qld 4000 Australia Email: [email protected]