Defending a Claim
Has legal action been commenced against you? Then you must read this carefully in order to protect your rights and interests.
Strict Time Limit
The courts impose strict time limits for the parties to reply.
Every court has its own set of procedure and rules.
Generally speaking, if you received a Writ of Summons from either District Court or Supreme Court, you must enter an appearance by filing a Memorandum of Appearance within 10 days from being served.
Remember, the Courts’ registries general open only on normal working days and they close at 4.00pm.
Failure to comply with this time limit may result in default judgment being entered against you.
If the due date to respond has already passed, we can still help you lodge a response and we may be able to set aside the default judgment if it is entered against you.
Deal with it NOW
If left unattended to, defending a claim can become an expensive and time consuming process, however, not every case needs to be litigated through the legal system.
As your matter is in Court, and being a party to the proceedings, you have a duty to comply with the rules of the Court. If you miss a milestone in Court, it will set you back (in terms of time and costs) as you will then need to apply to the Court for extension of time. Moreover, there may be adverse costs orders issued against you.
Please do not procrastinate, deal with it NOW.
Be Aware of the Legal Process
The correct strategy to adopt is to always be mindful of what you need to do next and have a full picture of the entire litigation process.
With this in mind, it enables you to strategically navigate through the legal system and improve your position.
Explore You Options
The mere fact that you are being sued, does not necessarily mean you are in the wrong.
You can still take control of the case (with the right advice from your lawyer).
You need to identify the legal issues relevant to the proceedings and determine what options are available to you.
For instance, do you have a counter-claim against the Plaintiff? Do you have a right to set-off against the Plaintiff’s claim?
Keep an open mind and seek legal advice immediately and explore your options.
Why TANG LAW
When defending a claim we always focus on achieving the best possible outcome for you, in the most cost effective manner.
We have a “no surprise” policy in relation to our fees and charges. We make full disclosure of charges to you before we commence work for you. You will know exactly what we can do for you and how much it will cost. There will be no uncertainty.
As we have a full picture of the legal system, we are able to help you navigate it and strategically improve your position.
Our defence lawyers deal with many cases and court summons notices where people are being sued, and posses the negotiation techniques required to resolve a dispute without incurring unnecessary or avoidable expenses.
Inevitably, there are situations in which a dispute cannot be resolved amicably and legal actions have to be commenced to support your intent to defend. When this situation arises, our litigation lawyers will utilise their legal skills and experience in representing you in the relevant Courts.
At Tang Law, we have experience in assisting clients to resolve or litigate disputes involving:
- Contractual disputes
- Misleading and deceptive conduct claims
- Property disputes
- Building contract disputes
- Business sale disputes
- Joint venture, partnership and shareholder disputes
- Corporate fraud and breach of duties of directors
- Franchise disputes
- Lease disputes
- Insolvency and bankruptcy
- Enforcement of foreign judgment
- Injunction and freezing orders applications
- Professional negligence claims
- Debt recovery
- Neighbour disputes
- Employment contract disputes
- Defamation claims
- Will disputes
- Family law proceedings
We understand that defending a claim can be a stressful and sometimes confusing process, we would be more than happy to hear from you and discuss how we can assist with your case.
Call us to arrange an initial legal consult with us and you can determine for yourself whether we are the best lawyers to handle your case.
Current Promotion: $99.00 Initial Consult (45 minutes) (Inclusive of GST)