Negligence disputes
Have you suffered loss as a result of someone else’s negligence, such as a lawyer, accountant, insurance broker, architect etc?
Negligence claims can be challenging because they often present complex legal issues, and it is also common for insurers with deep pockets to become involved.
We have been on both sides of the fence, bringing and defending claims against a variety of professionals. We can provide you with an initial opinion on the merits of your claim and highlight likely issues.
Contract disputes
We have experience of a variety of contractual disputes across different sectors including in relation to construction, rural, commercial and property.
In particular, it is crucial to understand provisions which deal with how disputes are to be approached. For example, in a construction context, the Construction Contracts Act will apply regardless of whether the contract makes any reference to it (because parties can not contract out of that legislation).
The courts
Disputes under $350,000 typically fall into the jurisdiction of the District Court, and exceeding that amount, the High Court.
Whilst we can provide you with advice regardless of the value of your claim, if your dispute is under $30,000 it will probably be most suited to the Disputes Tribunal. This is a more informal court where parties represent themselves (albeit lawyers can, if appropriate, provide assistance with preparation of your claim).
Alternative dispute resolution (ADR)
What is ADR? Basically, any procedure where the parties to a dispute agree to use an alternative to a formal process (such as court proceedings) as a means to attempt a resolution. Often a contract will specify a particular type of ADR process (mediation, conciliation etc).
This can range from an informal without prejudice (i.e. off the record) meeting between the parties, to a more structured process involving an externally appointed facilitator / mediator.
We have deep experience of ADR from complex multi-party mediations, to informal one-on-one negotiations.
