Litigation & Dispute Resolution

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At Brennans Solicitors, we pride ourselves on delivering sound, practical advice with an understanding of every client’s personal needs. Call +61 7 5438 8199 today!

We are experienced in acting for our clients in commercial and estate disputes, including:

 

Property disputes

We use our experience in property matters to quickly identify the issues so that we can advise you of the strength of your position and how best to improve it. When property is involved, it is very easy for the matter to escalate into expensive litigation especially if you avoid taking advice until the last minute.

 

Commercial disputes - breach of contract

Business disputes are common. When the deal or the relationship is not going well and the consequences could be serious, it is prudent for a business owner to seek legal advice early to try and avoid litigation or at least gain advice that will improve your position should the litigation be unavoidable. We can draw on our experience of commercial litigation to quickly understand your situation and give you the insight you need to deal with the dispute. The first step is to call us to arrange a thirty-minute meeting. It may be the only step you need to receive key initial advice and gain the insight you need to apply a commercial resolution to the issue. The bottom line is - do not let it fester.

 

Intellectual Property Rights (IPR) Disputes

If another person is using your IP you should act to protect it or you could lose it. This is a complicated area where it is easy for you to make the wrong move and lose the IPR. We can quickly advise you on the best response be it a “cease and desist” letter or some other course of action.

If you have received a “cease and desist” letter warning you that you are using another’s IP you must take it seriously and seek legal advice before you reply. Do not ignore it. Sometimes cease and desist letters which can be drafted in very threatening terms are ill advised and other times a letter that appears mild can pose a serious risk of legal action being taken against you. It may be sufficient to refute the accusation. Alternatively, we may need to negotiate if it is a credible threat. You need to know which it is. We can quickly assess the risk and advise you on the appropriate action.

We are experienced in dealing with IP disputes in the Supreme Court, District Court and the newly re-named Family and Federal Circuit Court as well as trade mark disputes in IP Australia.

Our IP expertise will give you timely advice. A thirty-minute meeting will usually give you sufficient information to point you in the right direction. Call us on +61 7 5438 8199.

 

Will and Deceased Estates Disputes - taking or defending claims against wills

Property prices have risen. There is more money around and therefore more to argue about. Disputes after someone dies are increasingly common and quickly lead to an application to the court under a set procedure in Queensland. The courts have raised concerns about unrealistic expectations and warned that the legal costs of all parties may not be paid out of the estate. In fact, costs can be awarded against a party who has been unreasonable. Therefore, as an Executor, you should not ignore such claims but give due consideration.

A potential claimant should not just claim and hope for the best. Executors do not just give up, they take advice and if your claim lacks merit it will be defended and if you persist costs can be awarded against you.

 

Partnership/shareholder disputes

Arguments between partners/shareholders can ruin the business and cause untold stress especially if the dispute leads to litigation. If the parties entered into a partnership/shareholders agreement it may hold the resolution to the dispute that has arisen. If there is no such agreement there is often plenty to argue about. If you are not happy with your partner/fellow shareholder, legal advice can put the issue into perspective and stop you from making matters worse.

 

Defamation

If you have been defamed. It is now a requirement to send a Concerns Notice before any court action is taken. This gives the parties the opportunity to resolve the matter at an early stage. The Concerns Notice should be in a certain form not only to comply with the Defamation Act but to convince the other party that you are serious.

On the other hand, if you have received a Concerns Notice you should seek legal advice to decide how best to deal with the matter.

We have experience in drafting Concerns Notices and conducting defamation proceedings. This will enable us to get to the heart of the matter quickly. Please call us to arrange a thirty-minute interview.

 

Alternative dispute resolution (ADR)

ADR means the determination of a dispute with the help of a third party, usually mediation. Mediations almost always take place as part of a court action to try and avoid the expense of a trial. They often bring the matter to an end by agreement.

As former inhouse Counsel, we look for a commercial and practical resolution to your dispute, in the early stages, before the situation spins out of your control

 

If you are facing a serious legal issue, speak to Brennans Solicitors on +61 7 5438 8199 without delay

 

Watch an interview of Paul Brennan with David Kosh on "Sunrise", Channel 7 regarding being owed money.

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Brennans Solicitors

Address: K1 Building, 16 Innovation Parkway Kawana Queensland 4575
Postal Address: PO Box 27 Mooloolaba QLD 4557
phone: +61 7 5438 8199 fax: +61 7 5438 8836
email: info@brennanlaw.com.au
ABN 47 163 512 614
Individual Liability limited by a scheme approved under professional standards legislation.
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