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How to Serve Valid Payment Claims

As a result of the severe consequences of failing to provide a Payment Schedule in response to a valid Payment Claim a lot of the case law that has developed in relation to the Building & Construction Industry Security of Payment Act relates to when a Payment Claim is valid. This is because there can be no Defence to a valid Payment Claim...

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Do you take this Franchisor to be... "I do". Are you ready to sign a Franchise Agreement?

Buying a Franchise is a bit like getting married. You are making a long term legal commitment to another party who you hopefully know and can trust. The failure of the marriage can have significant financial implications. However, unlike a marriage, where around 50% of your assets are at risk if it breaks down, you could lose everything if th...

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Why you do NOT need a Testamentary Trust Will (Will creating Asset Protection Trusts)

The simple answer is that when you die your worries will be over. Wills creating Asset Protection Trusts (also known as Testamentary Trusts) only benefit a person's intended beneficiaries. However, if it is your intention to leave your assets to your intended beneficiaries in the most advantageous manner for them upon your debt then you s...

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Why do I need a Buy/Sell Option Agreement?

Introduction to Business Succession Planning What is a Buy/Sell Option Agreement? How We Help Why do I need a Buy/Sell Option Agreement? In the absence of a Buy/Sell Option Agreement disputes between co-owners or their executors/beneficiaries following the occurrence of an Option Event are common. These di...

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Success Stories

We hope you enjoy these success stories as much as we did obtaining the results for our clients in the first place.

These stories will help you gain an understanding of our approach and the types of disputes and transactions that we specialise in.

 

Commercial Litigation  

Building & Construction

Residential Building Disputes

Professional Negligence

Insolvency Litigation

  

         Mergers & Aquisitions                       

 

Contested Wills Claims

Commercial & Property Transactions

 

 

Commercial Litigation

"Restitution to the rescue; $390,000.00 (96%) recovery for Accounting Practice with no Fee Agreement ".

"Christmas Injunction leads to commercial windfall for young inventor who had shared Confidential Information with a relative under an agreement they had prepared years earlier".

"Private Equity deal goes sour after years of trading. Complex misleading and deceptive conduct case settled before Court action necessary".

"IT Service provider enforces fixed term contract with customer repudiating the contract. Garnishee Order leads to payment in full".

"Professional Services firm misled by Director of insolvent company. 100% recovery plus costs under The Australian Consumer Law".

 

Building & Construction

"Bridge supplier avoids litigation and recovers 87.5% using the Building & Construction Industry Security of Payment Act within 14 days".

"Medical Fit our claim under Security of Payment Law and major defects litigation avoided. Injunction and Supreme Court Declaration that no 'reference date' meant Adjudication Determination was void".

"Project Manager bully gets a taste of his own medicine. Contract limiting time for Payment Schedule leads to Summary Judgment for $195,000 in the face of a back charges claim for over $450,000".

"2 year old $60,000.00 building design fee dispute resolved and recovered after Roberts Legal was engaged and Security of Payment Law rights identified".

 

Residential Building Disputes

"Failure to document Contract Variations lead to suspension and termination dispute.  Unlicenced builder defeats $370,000.00 damages claim for cost to complete.  Judgment for builder with indemnity costs".

"First home buyer gets the better of builder involved in house and land package promotion. Mispresentations and hand amendment to building contract lead to substantial cost saving".

 

Professional Negligence

"Debt collection referral for 16 year old Judgment leads to negligence claim against country Solicitor and fast recovery for client".

"Client seeking insolvency advice walks away happy after Roberts Legal identified and settled a claim for professional negligence against the previous Solicitor".

 

Insolvency Litigation

"Liquidator rejects director's claims and ensures large return for creditors."

 

Mergers & Acquisitions

"Building Services Contractor sells controlling interested to Private Equity company in complex $15 million deal".

"Software developer sells intellectual property to public come in $6 million once-in-a-lifetime deal".

"Clients cash in on once in a lifetime sale of business after trading for only three years."

"Health Professionals incorporate company and purchase a business while enjoying a family holiday."

 

Contested Wills Claims

Estranged adult son's claim for provision from father's $4million Estate settled for nominal amount thanks to persuasive presentation of applicable laws at Mediation.

Failure to update Will leads to Family Provision and Superannuation Death Benefit Claims. Court satisfied that de facto partner of 7 months entitled to bulk of Super ($200,000) and equal share of other Estate Assets.

Father defends estranged Daughter's challenge to Grandmother's Will on grounds of lack of testamentary capacity and claim for Family Provision Order.

 

Commercial & Property Transactions

"Long Term Shopping Centre owners set to enjoy retirement".

 

Call now to find out how we can help.

02 4952 3901

CONTACT US ON 02 4952 3901

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