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  • Litigation Lawyers Brisbane, Commercial, Civil
    trial A single judge or magistrate will then hear the trial with each party presenting their version of factual and legal matters to the court and the court making a determination based on this The planning of commercial litigation involves meticulous preparation and expertise The courts have an overriding philosophy to manage litigation and to bring them to an early and economical end in line with the needs of justice This requires parties to proceed expeditiously or risk sanctions including the dismissal of the claim or defence Our law firm ensures such philosophy is met in the legal advice and legal services being provided to our clients Commercial litigation and civil litigation in the Supreme and Federal Courts is case managed by the law courts which could be through a supervised case or a commercial list This generally means there are directions given or a timetable of events set down that each party needs to meet There will also usually be a compulsory alternative dispute resolution mechanism involved such as a mediation before the court allows the dispute to be set down for a trial You can find useful information about commercial litigation civil litigation and alternative dispute resolution from the government websites for each Australian Court Here is a list of courts and their sites If you need legal representation in court please contact us Examples of just some of the types of disputes our lawyers handle include General commercial litigation civil litigation and commercial disputes Trade Practices and Fair Trading matters including misleading and deceptive conduct competition and consumer protection restraints of trade unconscionable conduct unfair terms and manufacturer s liability Professional negligence legal malpractice claims professional liability and breaches of duty Contractual interpretations disagreements or breaches such as employment restraints of trade and guarantees Contractual disputes Leasing disputes including disputes relating to commercial leases and retail shop leases and disputes about lessor and lessee rights Real property disputes Equitable relief such as orders for specific performance or injunctions Debt recovery Building and construction disputes including relating to domestic commercial or industrial buildings Employment issues such as unfair or wrongful dismissal termination and redundancy Interpretation of insurance contracts and policies and suing insurance companies or disputes taken to the FOS Financial Ombudsman Service Liquidation insolvency winding up of companies and bankruptcy matters and sequestration orders Corporations Law and company disputes including directors disputes general shareholder issues oppression actions for minority shareholders and breaches of directors duties and other fiduciary obligations Partnership disputes and break downs in businesses Franchising disputes franchising agreements franchising code disclosure statements and enforcement of rights as between franchisors and franchisees Disputes with banks including over mortgages and steps taken to recover possession by warrants complaints to FOS Disputes around buying and selling businesses and buying and selling property Breaches of trust fiduciary obligations and duties trustee issues and beneficiary rights Consumer Trader and Tenancy Tribunal issues including retail shop leases and real estate agent issues Wills disputes contesting wills and family maintenance claims under

    Original URL path: http://www.awbrisbanelawyers.com.au/litigation-lawyers-brisbane-solicitors.html (2015-11-26)
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  • Brisbane Professional Negligence Lawyers, Brisbane Solicitors
    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 Financial planners financial advisers and accountants providing negligent financial advice including as to the type of investments people should take and getting people involved in agricultural investments and margin lending schemes when totally unsuitable and not providing more appropriate alternatives 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 150 000 and 750 000 and the Supreme Court hears claims when the amount is above 750 000 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 Call Aitken Whyte Lawyers for solutions and results for expert and experienced advice to represent you at this important time or if you want to learn more about our services in Queensland For Brisbane and surrounding areas including Ipswich Redlands Logan Redcliffe and Caboulture call 07 3229 4459 or email us Office Location

    Original URL path: http://www.awbrisbanelawyers.com.au/professional-negligence-lawyers-brisbane-solicitors.html (2015-11-26)
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  • Brisbane Conveyancing Lawyers, Brisbane Conveyancing Solicitors
    the process Why risk your most important investment for the sake of a few dollars At Aitken Whyte Lawyers we strike a balance to ensure our lawyers protect our clients interests while at the same time providing a competitive service We follow the conveyancing protocol in the delivery of our service which has been put together by lawyers to ensure lawyers meet the standards expected of them in providing this important legal service The conveyancing process generally consists of the following steps A review of the contract or drafting the contract for you and including advice on the contract and negotiating any special conditions Explain cooling off periods If you are intending to buy at auction you should call us first for advice before the auction as the cooling off period won t apply to you Liaise with your real estate agents body corporate for units and financiers Discuss with you various searches that can be undertaken and organise the relevant searches inspections and enquiries to make sure you are buying what you think Report to you on those searches and any problems or issues that you should be aware of before completing the purchase We have on many occasions terminated contracts due to conditions not being met by potential purchasers Tell you what costs you will pay including transfer duty on the contract We can assist you in meeting the lender s requirements including discharging existing mortgages on sales and calculating settlement figures We can in addition to the conveyance advise you on mortgages and draft any leases for the property Make all settlement arrangements Register your interests as the new owner if that is the case Commercial leasing We also offer full services to landlords and tenants of commercial or retail shop leases including drafting negotiating and arranging

    Original URL path: http://www.awbrisbanelawyers.com.au/conveyancing-buying-selling-property-brisbane-lawyers-solicitors.html (2015-11-26)
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  • Brisbane Criminal Defence Lawyers, Brisbane Crime Solicitors
    be dealt with by the District or Supreme Court There might also be some preparation that should be undertaken to present your matter on sentencing that means that an adjournment is necessary or to take time to make submissions to the prosecution to consider some aspect of the matter If you want to defend the charges that have been laid against you then the Magistrates Court can be asked on that first occasion to have the matter listed for a summary hearing if the Court has jurisdiction to entertain the matter or alternatively start in process the procedures to have the matter moved to the District or Supreme Court as the case may be which might include first proceeding through a committal hearing The main difference between trials heard in the Magistrates Court compared with trials heard in the District or Supreme Courts is that a Magistrate alone decides your guilt or innocence and then sentences you if guilty whereas there is a Judge and Jury in the higher courts Juries are panels of the public who decide questions of fact and the Judges or Justice as they are referred to in the Supreme Court decide questions of law and impose sentences on those found guilty Committal hearings are also heard in the Magistrates Courts Their purpose is to decide not whether you are guilty or not but whether there is enough evidence to be put to a Judge and jury Aitken Whyte Lawyers can advise you of the various steps involved which court or courts have jurisdiction to hear your matter or sentence you and the pros and cons of taking different steps and having the charges heard in either the Magistrates Courts or a higher Court Representation at an early stage is vitally important so that you are aware of your rights and the benefits that might apply to your matter In all cases if pleading guilty the Courts will take that into account in sentencing and a lighter sentence will be imposed because of that If you are in doubt as to whether you should plead guilty or not guilty then it is important that you contact us at an early stage and if need be obtain an adjournment from the court to obtain legal advice Sentencing The role of a solicitor acting for a client on the sentencing of a matter is to prepare and present submissions to the court about the client and the circumstances of the case The aim of the submissions is to ensure that the client obtains the most lenient and most appropriate sentence available In sentencing offenders the court must take into account a number of governing principles such as the need to punish the offender the need to deter the offender and others from committing the offence the need to rehabilitate the offender and the need to protect the community Although the court is bound to take these factors into consideration ultimately the court exercises its discretions in determining what

    Original URL path: http://www.awbrisbanelawyers.com.au/criminal-defence-lawyers-brisbane-solicitors.html (2015-11-26)
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  • Drink Driving Lawyers Brisbane, DUI Lawyers Brisbane
    have the right to drive to work or drive for work purposes A copy of the order issued by the Court needs to be taken to Queensland Transport and a restricted driver licence issued before the driver is entitled to drive on the licence Similarly when the disqualification period ends the restricted licence needs to be changed back by Queensland Transport before a driver can drive without the restrictions Aitken Whyte Lawyers can assist in preparing the relevant documents for the Court and appearing in Court to apply for such a licence having considerable experience and a very high success rate SPECIAL HARDSHIP ORDERS Licence suspension due to accumulation of demerit points and high speed offences In Queensland if the holder of a drivers licence accumulates too many demerit points or is convicted of a high speed offence above 40 km hour over the relevant speed limit then their right to hold a licence will be suspended After accumulating 12 or more demerit points on a licence a driver is given the option of either having their licence suspended for 6 months or entering a Good Driver Behaviour period for a period of 12 months The driver is allocated 1 point and if they accumulate more than 1 point during that period the licence will be automatically suspended A high speed offence also leads to an automatic suspension even if there are still points left on the licence The result of not holding a licence can be disastrous financially In those circumstances as long as certain conditions are met a driver has the right to apply to the Court for a Special Hardship Order Those conditions include The driver held a valid Queensland licence before the suspension took effect The driver can t have had their licence disqualified suspended or cancelled in the 5 years before the suspension The driver has not been convicted of dangerous operation of a motor vehicle in the last 5 years If those conditions are met then an application can be made and the Court will grant a licence if it can be satisfied that The applicant is a fit and proper person to continue to drive having regard to their traffic history and the safety of others and the public and A refusal would either Cause extreme hardship in that the applicant would lose their ability to earn a living or Cause severe and unusual hardship to the applicant or the applicant s family for reasons not related to earning a livelihood Examples of the second category could potentially include taking children to school or attending to a sick family member Each individual applicant s position would need to be considered before proceeding with such an application Queensland Transport will write to a licence holder advising them if their licence is to be suspended They will give a particular date from which the driver is not allowed to drive Generally an application can then be lodged within a 21 day period and once the

    Original URL path: http://www.awbrisbanelawyers.com.au/dui-drink-driving-traffic-offences-licences-brisbane-lawyers.html (2015-11-26)
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  • Will And Probate Lawyers Brisbane, Solicitors, Wills, Estate, Powers Of Attorney
    be buried or cremated and what you where you want your remains to finally rest You should review your Will regularly to make sure that it meets your current needs and wishes Our solicitors recommend that you consider this important document at least once every 3 years and every time there is a change in circumstances in your life There are events that arise in that may act to invalidate your Will or parts of your Will for example marriage and divorce Also consider if you have children or grandchildren if their interests are considered in your current Will If an executor or trustee you have nominated is no longer able to act then that should also be changed Aitken Whyte Lawyers are not only able to assist you with your estate arrangements but can represent you if things go wrong you may have been omitted from a will or arrangements made need defending See Contesting Wills for more information Powers of attorney Powers of attorneys can be as important documents as Wills and in most cases we provide an enduring power of attorney free of charge with each Will we draft Powers of Attorney allow a nominated person or persons to perform various functions on your behalf Such functions could include dealing with your finances or health matters if you are incapacitated or simply making decisions on your behalf in your absence Powers of Attorney can be for a single event for example signing a document whilst you are on holidays or alternatively for an indefinite period There are two types of power of attorney general power of attorney and enduring power of attorney A general power of attorney is used to give someone the power to make financial decisions for you when you are away such as overseas

    Original URL path: http://www.awbrisbanelawyers.com.au/wills-probate-lawyers-brisbane-solicitors.html (2015-11-26)
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  • Contesting Wills Brisbane Qld Brisbane Family Provision Solicitors
    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 to dispute a Will 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 to challenge a Will You must give notice of the intended application disputing a Will 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 to challenge a Will quite easily and quickly so early legal advice is strongly recommended Likelihood of success of your application contesting a Will Whether your application to dispute a Will 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 for family Will disputes If your Family Provision Claim is not resolved through mediation a court will determine the outcome following a hearing Our role Aitken Whyte Lawyers offer quality legal advice

    Original URL path: http://www.awbrisbanelawyers.com.au/contesting-wills-disputes-brisbane-lawyers.html (2015-11-26)
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  • Law Articles, News, Brisbane Lawyers, Qld
    Building Energy Efficiency Disclosure Act 2010 Lessee s Liability for Unauthorised Alterations to Leased Premises Loss and Damages to be Claimed Following Breach of Contract Lease Powers of the Lessor Under s 107 Property Law Act 1974 Qld to Enter Premises Ratchet Clauses and Compensation Litigation and Disputes Appealing a QCAT Decision Bank Guarantees and Injunctions Calderbank Offers Contracts When is a Contract Binding Masters V Cameron Enforcing Money Orders from QCAT Extension of Limitation Period Federal Court Requirements on Dispute Resolution Interim injunctions and interlocutory injunctions Misleading and Deceptive Conduct in Property Transactions and Sales of Real Estate Misleading and Deceptive Conduct Under the Australian Consumer Law Proceedings Dismissed for Delay Proportionate Liability Limiting the Scope of Wrongdoers Accountability Removal of Trustee Rights of Apartment Owners for Economic Loss from Latent Building Defects Setting Aside Default Judgments Unconscionable Conduct Under the Australian Consumer Law and Commercial Bank of Australia v Amadio When a Guarantee Must be Evidenced in Writing Professional Negligence Accountancy and Financial Advice Professional Negligence Accountants Held Liable for Breach of Duty to Previous Shareholders of Company Barristers Immune to Professional Negligence Actions by Solicitors Builder Liable for Negligence to Subsequent Owners of Home for Pure Economic Loss Claim Against Lawyers for Expired Limitation Period Disclosure of Legal Professional Privilege In Professional Negligence Claim Against Lawyers Engineers and Builders No Liability in Professional Negligence to Subsequent Owners of Commercial Buildings for Structural Defects Informal Wills Solicitor s negligence in advising on will and the Succession Act Insurance Broker Liable for Failing to Ensure Full Coverage and Warn Client of Lack of Insurance Insurance Broker Liable in Excess of 2 Million for Professional Negligence Insurance Broker s Professional Negligence Liable to Client for Insurance Company s Refusal to Pay Claim Lawyers Sued for Failing to Warn of Possibility

    Original URL path: http://www.awbrisbanelawyers.com.au/law-news-lawyers-brisbane-solicitors.html (2015-11-26)
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