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Commercial Disputes

D’Angelo Legal is experienced in providing practical advice on a wide range of Commercial Disputes. D’Angelo Legal pride themselves on resolving the vast majority of disputes without instituting court proceedings. However, D’Angelo Legal also realises that not all disputes can be settled and therefore if necessary, will consider if the dispute should proceed to court.

Commercial dispute areas may include, but are not limited to: 

  • Debt Recovery (Personal and Business)
  • Property Law disputes
  • Contract Law disputes
  • Lease disputes
  • Building disputes
  • Partnership disputes
  • Company disputes
  • Contesting a Will
  • Defamation
  • Taxation Disputes

Debt Recovery

D’Angelo Legal understand that businesses may still incur bad debts even with good credit management policies and procedures in place.

There are various ways to recover debt, for example, with escalating degrees of severity you can recover these debts by issuing letters of demand, Minor Case Claims or Court Proceedings.

D’Angelo Legal also cautions clients when recovering bad debts to have a cost effective and commercial approach (or a measured approach) when recovering debt. Whilst we will advise you on the most cost effective and appropriate method to recover the debt, clients’ are also advised that good money may be thrown after bad money, especially in circumstances where third parties are bankrupt, in liquidation or insolvent.

Simplifying the process, an unpaid invoice is a breach of contract. Disputes arise when parties to a contract don't do what they agreed too. In these situations it is paying for products or services supplied by you.

To find out more about how to recover your bad debts, please feel free to contact us to discuss a cost effective option for you. 

Property Law Disputes

Property Law disputes involve disagreements in relation to land. Such disagreements can include, but are not limited to:

  • Fencing disputes;
  • Tenancy disputes;
  • Ownership of land; and
  • Settlement delays.

Contract Law Disputes

Contract Law disputes encompasses disagreements between parties to a broad range of contracts (whether oral or made in writing) . Such disagreements can include, but are not limited to:

  • Breach of terms within a contract;
  • Interpretations of terms within a contract;
  • Damages resulting from a breach of term of a contract; and
  • False, misleading and deceptive pre-negotiations.

Lease Disputes

Lease disputes concern disagreements arising from agreements made regarding leased property. Such disagreements can include but are not limited to:

  • Rent monies disputes;
  • Lease term disputes;
  • Bond disputes; and
  • Maintenance disputes.

Building Disputes

Building disputes concern disagreements arising from agreements made regarding building operations. Such disagreements can include, but are not limited to:

  • Tradesman / Workmanship Dispute;
  • Costs disputes;
  • Time disputes; and
  • Variation to plan disputes.

Partnership Disputes

Partnership disputes concern disagreements arising from partnership agreements between parties. Such disagreements can include, but are not limited to:

  • Breaches of partnership agreements;
  • Acting without authority;
  • Future direction of business; and
  • Division of asset disputes.

Shareholder / Director Disputes

Shareholder/Director disputes concern disagreements such as (but not limited to):

  • Dispute over direction of company;
  • Breach of a shareholder’s agreement;
  • Acting without authority; and
  • Breach of a director’s fiduciary obligations.

Defamation

Defamation (whether in print or verbal) is a communication from one person to at least one other that lowers or harms the reputation of a third person. Usually the communicator has no legal defence and there is no legal basis (such as truth) to which the communicator relies on. The law of defamation aims to balance free speech with the right of an individual to enjoy a reputation free from an indefensible attack.

For a defamation action to succeed, the person complaining of the defamation (the plaintiff) has to prove three things:

  • that the communication has been published to a third person;
  • that the communication identifies (or is about) the plaintiff; and
  • that the communication is defamatory.

It is important to note that actions in defamation have a limitation period of one year from publication, therefore it is vitally important to seek legal advice immediately if you have concern over such matters.

D’Angelo Legal is experienced in defamation law and happy to discuss with you your potential defamation claim including obtaining urgent injunction orders (if required) to prevent print or the defamatory act from occurring in the future or to seek damages or special damages for the harm done to the defamed person.