Dispute Resolution

Litigation is an area most people would otherwise choose to avoid. Therefore at Snedden Hall & Gallop we aim to guide you painlessly through the process with as little disruption to your business as possible. We focus on providing strategic and practical legal advice when a dispute develops.

We want you to feel confident that you can get on with your business without the worries of the multitude of legal issues that pervade every day business operations. We are specialists in all fields of dispute resolution, from alternate dispute resolution including mediation and arbitration, to debt recovery and dispute resolution in the Court.

Our services in this area include:

• reviewing the relevant documents, such as all types of contracts; service agreements, distribution agreements, website terms and conditions, partnership agreements, and, information technology agreements;
• commercial law advice, including the terms of the buy and sell of a business, trade practices compliance;
• property related commercial disputes, partnership disputes, corporation law proceedings and trade practices breaches.

Snedden Hall & Gallop have specialised experience in:

• resolving disputes between partners;
• recovering money owed to your business;
• stopping competitors or employees using your intellectual property or damaging your business;
• resolving disputes with employees, suppliers, service providers or customers;
• enforcing obligations to you under a contract;
• settling disputes with the regulatory authorities, such as the Australian Business Construction Commission.

• Consumer Protection
  

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  On 1 January 2011, the Trade Practices Act, which provided a framework for consumer protection and regulation of corporations involved in trade and commerce, was renamed The Competition & Consumer Act 2010. This has introduced a number of new facets to consumer protection, in which we provide legal representation for our corporate clients in a number of areas:
  

  • in relation to ACC and ASIC enforcement options for consumer protection laws such as the ability to issue disqualification orders, substantiation notices and infringement notices;
  • dealing with prosecutions which can be up to $1.1 million against corporations;
  • deal with unfair contract terms in consumer contracts to enable a review of the bargaining agreement arrangements between parties. This may often involve significant negotiation with the Commonwealth agencies and from time to time, litigation through the Federal Magistrates Court. We have broad experience in representing our client’s interests in the re-worked trade practices arena.

  
  
• Bankruptcy and Insolvency
  

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  The recovery of debts owed to a business can be the difference between success and failure. The law provides clear procedures to clarify what you should do in these circumstances. Snedden Hall & Gallop has immense experience in handling large numbers of money claims and have in the past, acted for such corporations at Telstra, Colface and a number of smaller Canberra businesses.
  
  At Snedden Hall & Gallop we can advise you on all aspects of the law regarding bankruptcy and insolvency, including:

  • what to do if you think you are at risk of being made bankrupt or insolvent;
  • your rights and obligations once you have been made bankrupt or insolvent;
  • advice to liquidators/administrators/trustees of bankrupt estates or companies in liquidation or under administration;
  • advice to businesses and individuals regarding Statutory Demands, creditor’s petitions, etc.

  
  We are proud to acknowledge industry leaders in the area of bankruptcy, voluntary liquidations, voluntary administration and deeds of company arrangements. These work closely with registered and official liquidators and a registered bankruptcy trustee, all experienced in some of Canberra’s most complex insolvency assignments.
  
  As we move out of the global recession, there are many pressures on businesses as they find they are trading in unfamiliar environments. Company directors must satisfy themselves on a regular basis that their businesses can pay their debts as and when they fall due. There are significant consequences if due care and attention to this daily responsibility are ignored, including personal liability.
  
  
• Contractual Disputes
  

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  There can be a wide range of different types of contracts, and so it follows that there is a wide range of possible contract disputes.
  
  It is important for anyone entering into a contract to understand his or her rights and obligations under that contract, and the options available when the outcome of the contract is not as expected or when things do not go to plan. Our experienced lawyers will help to guide you through this process.
  
  Contractual disputes can often be resolved through negotiations without having to go to court. To help avoid litigation in the courts, it is crucial to seek advice as soon as possible when a problem arises.
  
  If you require assistance with contract drafting or other negotiations, please refer to our Contract Advice expertise in our Business Law area.
  
  
• Intellectual Property Disputes
  

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  Our intellectual property (IP) corporate litigation lawyers are seamlessly embedded in all business transactions in Snedden Hall & Gallop to ensure we deliver quality commercial services. This enables us to provide the necessary legal input at all stages of a business transaction, if IP is threatened.
  
  This work may involve disputes litigated through the Federal Court concerning a conflict of ownership of property rights; advising clients who are investigating the sale of their business to properly support a due diligence on the company’s intellectual property assets; and advising in relation to disputes concerning patent infringements.
  
  IP rights can form the most important and valuable item in a company’s balance sheets. You may need the expert lawyers at Snedden Hall & Gallop to advise and assist you in all aspect of IP protection.
  
  
• Property Disputes
  

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  Canberra enjoys a strong property market and the building industry is currently in a growth phase. Growth within the sector however, has been mirrored by the need for even more specialist property legal advice.
  
  Canberra enjoys a relatively unique property title system and a complex process for the approval of building applications. Our specialist property lawyers are experienced in helping you work through the minefield.
  
  With the regeneration of the city following the bushfires, and also as a result of the maturity of the established buildings, we have been actively involved in the public sector and private sector redevelopments. We are frequently chosen by local businesses to advise on regeneration activities and their ability to promote successful schemes. This is particularly so in the case of small to medium sized businesses, including shopping centres, motor trades industry and finance sector.
  
  Our property lawyers have expertise in all aspects of property law relevant to property investors, including landlords, tenants, owners, real estate agents, developers and owners corporation managers, in areas of commercial, industrial and domestic markets. We have recognised leaders in the fields of property law, with accumulated experience of over 50 years in the Canberra market.
  
  Our aim is to be timely, cost effective and build long term relationships with our property investing clients. We can provide advice on how best to avoid potential property disputes, as well as assisting with resolving property disputes once they arise, including:
  

  • preparing wills and trusts to ensure that your wishes are honoured after you pass away;
  • family provisions claims;
  • contractual disputes;
  • disputes regarding assessment of land tax, stamp duty, concessional leases, etc.

  
  
• Construction law
  

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  Canberra has seen a building boom for a number of years and currently there is a severe shortage of building trades. This puts additional pressure on the subcontractors who often rely on us to provide bargaining support and the implementation of systems, including employment contracts to ensure compliance with Commonwealth building requirements. In the domestic residence scene, our lawyers work not only in conveyancing of title, but also the operation of building, project management and related contracts.
• Debt Recovery
  

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  The recovery of debts owing to your business should rank at the top of your priorities in financial management. The law provides clear procedures to clarify what you should do about accounts owing to you. Snedden Hall & Gallop has a broad practice in what are called ‘money claims’ and can advise you in relation to:
  

  • Debt recovery proceedings in the Magistrates Court and ACAT;
  • Bankruptcies;
  • Company searches, status enquiries;
  • Corporate voluntary administration;
  • Debt agreements;
  • Liquidations;
  • Receiverships;
  • Statutory demands and insolvency.

  
  Any procedures can take months to finalise and accordingly it is important to see us at your earliest opportunity with all relevant documentation, so that we can advise you as to the best options and appropriate procedures.
  
  To ensure that the debt recovery process is cost effective and timely, we advise you should follow the following steps:
  

  1. Gather all relevant documentation including telephone notes, emails etc.
  2. Before seeing Snedden Hall & Gallop, consider sending a letter of demand. There are no magic words, and usually this will lead to a response which can either lead to a satisfactory resolution perhaps by compromise, or indicate to you the debtors’ real intentions in relation to meeting his obligations.
  3. The lawyers at Snedden Hall & Gallop can draft the appropriate documentation to commence proceedings in the relevant Court. The document must specify the amount owed and the amount of allowable interest. The debtor, once served with the documents, and then has four options upon receiving the claim: ignore it, confess the debt and arrange to pay it through the Courts; or arrange payment directly with the lender. Finally, the debtor can of course, lodge a ‘Notice of Intention to Respond’ if he decides to contest the matter.

  
  Depending on the type of debt and the attitude of the other parties, these procedures may take several months to complete. Accordingly, it is important to see us at the earliest opportunity, so that all options are explored before delays are incurred and the debt becomes too old to chase.
  
  

• What are my options if my builder fails to complete the construction of my home?
  

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  Usually the contract will provide a procedure to give the builder a notice to “show cause” why the contract should not be terminated, another builder engaged to complete the works, and notice of your intention to sue for recovery of any additional costs or damages. There may be a need to enforce a dispute resolution procedure including giving notice of a dispute as a prerequisite for an arbitration process or issuing Court proceedings. The procedures are technical, and should not be embarked upon without legal guidance.
  
  
• What if the dispute concerns a variation to the contract?
  

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  Variations are treated in a special way by all building contracts because of the unique effect they have on the overall project - not just financially, but also the effect on completion time, resources allocated to the project, interference with the “critical path” or order of works, and the ultimate profit to the builder. Accordingly special provisions are used to determine a fair price or cost of a variation, documentation of the effect on completion date, and a method to speedily deal with disputes arising from variations.
  
  
• What is a breach of contract?
  

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  A breach of contract occurs when a party to the contract fails to perform a specified duty under the contract. Following a breach, the non-breaching party can usually seek some sort of legal or equitable remedy.
  
  
• How are damages calculated for the breach of a contract?
  

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  Damages largely depend on the type of breach. If the wronged party has not sustained provable damages (e.g. loss of profits from business), there is generally only a claim for nominal damages. If damages are provable, the most common type is compensatory. Compensatory damages aim to put the non-breaching party in the position that it would have been in if the contract had been properly performed.
  
  
• Does "dispute resolution" mean going to court?
  

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  No – dispute resolution simply means that we can assist you with resolving dispute you have, whether it be under a contract, relating to property or a business problem. The best avenue for resolving the dispute will depend on the type of dispute and the attitude of the parties. In many cases disputes can be resolved by negotiation or alternative dispute resolution methods such as mediation. If disputes cannot be resolved in this way, we will discuss appropriate court or tribunal action with you.
  
  
• How do I know which Court my dispute should be resolved in?
  

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  The jurisdiction of the courts for civil disputes depends on the amount of money or value of property in dispute:
  

  • The ACT Civil and Administrative Tribunal deals with claims up to $10,000;
  • The Magistrates Court is usually involved in money claims between $10,000 and $50,000
  • The larger actions involving disputes of over $50,000 are dealt with in the ACT Supreme Court where our team of lawyers appear regularly in a wide range of commercial disputes.