Maroochydore Litigation Lawyers > Sunshine Coast Commercial Litigation > Maroochydore Drink Driving and DUI Lawyers > Ai

Maroochydore Litigation and Dispute Lawyers - Maroochydore Commercial Litigation Solicitors - Maroochydore Law Firms Maroochydore Telephone: +617 5408 0655 Address: 7/18 First Avenue, Maroochydore, Qld, 4558 Email: [email protected] Sunshine Coast and Maroochydore litigation lawyers > Sunshine Coast and Maroochydore commercial litigation solicitors > Sunshine Coast and Maroochydore court and disputes law firms > professional negligence claims > appeals > Nambour > Caboolture > Caloundra > Noosa Aitken Whyte Lawyers, Sunshine Coast and Maroochydore Lawyers – LITIGATION AND DISPUTES -COURTS AND APPEALS - Sunshine Coast and Maroochydore Lawyers and solicitors Our Sunshine Coast team of lawyers based at Maroochydore 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 Sunshine Coast and Maroochydore, 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, commercial leaes, retail shop leases 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 Sunshine Coast and Maroochydore 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, Sunshine Coast and Maroochydore 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. Aitken Whyte Lawyers are your Maroochydore and Sunshine Coast lawyers and solicitors for drink driving charges (dui), loss of licence and other traffic offences. DRINK DRIVING (DUI) OFFENCES – DRUG DRIVING – SUNSHINE COAST DRINK DRIVING LAWYERS – CABOOLTURE – CALOUNDRA – MAROOCHYDORE – NAMBOUR - NOOSA - TRAFFIC OFFENCES There are harsh penalties for drink and drug driving, depending largely on the result of your blood alcohol concentration (BAC) or the type of drug in your system. Due to public demand, legislation and the Courts, tough approaches are now taken on all drink driving matters. We will advise you whether there are any merits in defending your case, whether the blood alcohol concentration reading was accurate and whether time limits were observed. Penalties for drink driving will generally involve licence disqualification and a fine, but repeat offenders also face the prospects of imprisonment. If there are 3 major drink driving offences in a 5 year period, an automatic jail sentence will apply. 'work licence - drink driving' Depending on your circumstances, Aitken Whyte Lawyers in Maroochydore can help you obtain a work licence as long as you meet the relevant criteria. The application must be made at the time the conviction is recorded and before the court makes an order disqualifying you from holding a driver's licence. OTHER TRAFFIC OFFENCES - MAROOCHYDORE TRAFFIC OFFENCES LAWYERS Special Hardship Orders In Queensland , if the holder of a driver’s licence accumulates enough demerit points, the right to hold a licence may be suspended. The amount of points depends on the type of licence that is held. Queensland Transport will write to the licence holder and let them know if the circumstances arise and give the driver the option of either a suspension for 6 months or enter a Good Driver Behaviour period for 1 year and on which the driver is allocated 1 demerit point. If the driver collects more than 1 demerit point in that year, the licence is automatically suspended. Queensland Transport will write to a licence holder if caught for a high speed offence; exceeding the speed limit by more than 40 kilometres per hour. This will include an 8 point demerit allocation, but even if that does not take the driver over their allocated points, there is an automatic suspension of the licence for a period of 6 months. If either of these events happen, you have the right to apply to the Court against the suspension for a Special Hardship Order as long as you are able to show that the loss of the licence will cause you or your family extreme financial hardship by depriving you of the means of earning your living (you can’t do your job without it, can’t get to work and will lose your job) or alternatively, that it would cause severe and unusual hardship to you or your family other than by depriving you of your means of earning a living (eg., taking your sick child to hospital). It is also necessary to prove to the Court that you are an appropriate person to hold a licence, considering your traffic history. 'disqualified driving and unlicenced driving' - Brisbane disqualified driving solicitors Unless you have a valid driving licence, it is an offence to drive a motor vehicle on a road. If caught driving unlicensed, generally the Court will impose a disqualification of holding a driver’s licence for a period of 6 months, a fine of up to $4,000 or 1 year’s imprisonment. It is a far more serious matter than unlicenced driving if you have already been disqualified by a Court from holding or obtaining a driver’s licence and are caught driving. This offence involves in part contempt for the prior court order or orders. The maximum penalty includes a fine of up to $6,000 or 18 months imprisonment. If you have received an absolute disqualification from driving or disqualified for longer than 2 years, you are eligible to apply to have the disqualification removed after two years to obtain a drivers’ licence. The Court will consider the character of the person, the person’s conduct since the disqualification and the nature of the offence and any other circumstances surrounding the disqualification. Aitken Whyte Lawyers, Sunshine Coast and Maroochydore Lawyers – CONTESTING WILLS - FAMILY PROVISION CLAIMS – WILLS DISPUTES Aitken Whyte Lawyers are your Sunshine Coast and Maroochydore 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. AITKEN WHYTE LAWYERS > Contact > Sunshine Coast and Maroochydore Lawyers Contact Details Aitken Whyte Lawyers - Sunshine Coast and Maroochydore Litigation Lawyers and Solicitors - Drink driving and DUI Lawyers Robert Aitken Maroochydore Telephone: +617 5408 0655 Address: 7/18 First Avenue, Maroochydore, Qld, 4558 Brisbane Telephone: +617 3229 4459 Fax: +617 3211 9311 Postal address: GPO Box 2792, Brisbane Q 4001 Address: Level 3, 309 Adelaide Street, Brisbane, Q, 4000