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3.1 Debt Recovery
We offer an efficient, effective and value based service to recover any monies owed to you in whatever circumstances. We have acted for many individuals, institutional and business clients and have a great track record.
We advise you of your legal entitlements as well as whether it is commercially viable to commence litigation proceedings or enforcement of a verdict.
We provide a low cost service with online reporting. Look out for the launch of our completely automated and online system, collectadebt.com.
3.2 Contract Disputes
It is important to consult with a lawyer as soon as a dispute is anticipated whether it arises directly or indirectly from a written contract or an oral agreement. Early actions taken without legal advice may have unintended serious consequences.
Our team of litigators has a combined experience of over 100 years and seeks to resolve and negotiate any dispute in a fast and cost effective manner. If the matter cannot be resolved, we have very strong litigation experience and skills to advocate for your rights.
You will be advised from the outset of any course of action, the strengths of your position, timing and cost of the proceedings to be pursued.
3.3 Defamation
Traditionally, this is a complex and costly area of the law. We have experienced litigators who are able to advise you on the costs, prospects of success and the merits of bringing a claim.
Rather than embarking on the long, costly and risky road of defamation proceedings, we prefer to look for commercially driven outcomes including considering alternative dispute resolution for defamation cases as a way to protect your interests in the quickest and most cost effective way. However if required, we will pursue such proceedings to finality with vehement passion to achieve a win!
3.4 Land and Environment
The Land and Environment Court is responsible for interpreting and enforcing environmental law in NSW. The court is also responsible for determining appeals from the decisions made by consent authorities (local councils) in relation to development applications throughout the state. Consolidated Lawyers has significant experience in this area and we have a panel of planning and legal experts to advise you on these matters.
3.5 Uninsured and self-insured Litigation
It is important that you seek legal assistance at the earliest opportunity in any insurance litigation as the Insurance Contract contains implied and express legal duties of which you may not be aware. We can explain the terms of the Insurance Contract, make representations where a claim is disputed and represent your interests in the event that your claim is refused including suing your insurer.
3.6 Alternative Dispute Resolution
As part of our commitment to your best interests, our preferred way to resolve any civil dispute is by alternative dispute resolution. We offer strong support in negotiating a settlement of your claim. We undertake advocacy for you in mediation sessions or can have your case referred to arbitration.
One of the strongest skills of our Principal, Bechara Shamieh, which has been passed on to the staff generally, is in the art of negotiation (see section ‘Negotiation’) (Active Hot Button). A well-planned strategy is adopted and rolled out with meticulous precision and we are always mindful of your desired outcome.
3.7 Negotiations
At Consolidated Lawyers we pride ourselves on being ‘extreme negotiators’- highly skilled orators who will not settle for second best. We guarantee we will not charge you if we are unable to advance your cause.
Regardless of whether you are negotiating a lease, defending a matter, asserting a right or even buying a property, Consolidated Lawyers will apply the winning strategy to achieve your desired goal.
With everything to gain, call one of our negotiators NOW.
3.8 Construction and Building Matters
The Building and Construction Industry is a highly technical and specialised area governed (in New South Wales) by the Home Building Act. Every building agreement should be evidenced in writing as a written contract or deed. Due to the complexity of these matters, you need an experienced Lawyer to pay attention to detail. Before you engage a builder or sign a building contract, you should see us first. If you are a builder or property developer.
To assist you, Consolidated Lawyers has a team of highly experienced litigators specialising in Building and Construction Law. We can provide advice with respect to:
- the drafting and modelling of contracts;
- responsibilities and rights under the legislation and common law; and
- disputes with respect to defective and/or incomplete work.
There are three principal types of formal building agreements:
- Lump Sum Contracts;
- Schedule of Rates Contracts; and
- Costs-Plus Contracts.
As building and construction contracts are complex and open to interpretation, at Consolidated Lawyers we have established a panel of expert builders and engineers. This panel provides additional professional advice to builders, developers and individuals and has assisted in achieving very favourable outcomes for our clients.
Consolidated Lawyers also specialises in claims under the Building and Construction Industry Security of Payment Act 1999 (NSW). If you are a member of Consolidated Lawyers, go to our member section for advice on what to do if you are served with a payment claim or if you wish to assert a claim under the Security ofPayments Act. The Act applies to construction contracts, that is, construction work or the supply of related goods and services to another party. The Act excludes residential building work only in relation to premises in which the contracting party resides or proposes to reside.
For further information on how to conduct a claim under the Security of Payments Act, please contact one of our experienced Lawyers.
3.9 Lease Disputes Consolidated Lawyers is experienced in the mediation of retail tenancy disputes appearing before the Administrative Decisions Tribunal of NSW and in disputes for private tenancies where we appear before the Consumer Trader and Tenancy Tribunal.
We can help you negotiate leases and obtain guarantees so that the performance obligations of tenants are underwritten by the corporate directors.
You can instruct us for starting or defending proceedings in the general courts where rents are unpaid, damage is caused to premises and assets have to be frozen, for example, by injunctive (restraining) orders, to ensure that landlords receive proper security in tenancy disputes.
On a practical basis, we are able to assist with legal and strategic advice for ejecting tenants and securing premises, enforcing notices to quit and in lock-outs.
We aim in all these disputes to maximise the commercial viability of your investment premises.
3.10 Banking and Finance
The legal experts at Consolidated Lawyers have wide ranging experience, both in the theory of law applicable to the Banking and Financial Services Industries, the Licensing and credential requirements of banking operations. A number of our Senior Lawyers have obtained their qualification or worked whilst qualified as Lawyers within the Banking and Financial sector and are able to apply that experience for your benefit. Mr Tim Rickard, a practising Barrister with 25 years legal experience in legal work in that sector is a permanent consultation to Consolidated Lawyers and we are able to offer very cost effective high level advice where negotiations, mediations and disputes arise in this sector.
Consolidated Lawyers has an extensive mortgagee/conveyancing practice with highly systematised procedures to ensure that compliance checklists for the management of transactions as well as cost efficient work is performed using that methodology.
3.11 Trade Practices and Consumer Law
The Principal of our firm and our Consultants, Mr Tim Rickard (Barrister) and Mr Salem Kassem (Senior Lawyer) as well as the Senior Lawyers in our Commercial Division have very in depth experience in Trade Practices matters including section 52 proceedings for misleading and deceptive conduct. Tailored advice can be given to you at an early juncture concerning the judicial attitude likely to be taken to the particular matters so that an effective strategy can be devised to minimise exposure or to litigate matters to finality to ensure proper protection. Often Trade Practices matters arise as in defences to recovery proceedings and Consolidated Lawyers can assist you in the best method of addressing those defences to see if they are genuine or simply part of the litigation process.
3.12 Equity Law Division Claims
Proceedings in the Supreme Court Equity Division are usually complex and involve Counsel (Barristers) from an early stage. Disputes as to the contributions made to businesses, the break-up of companies and failed ventures can add a personal dimension to the proceedings when you are instructing us. Our philosophy is always to look to the most favourable business and commercial result and to reach through the legal proceedings in order to maintain profitability and the buoyancy of your enterprises. Many Lawyers see Equity Division matters as merely and opportunity to engage in a costly legal process of discovering documents, drawing statements, making interlocutory applications by way of Motion without really looking at the object of the proceedings which is to resolve a conflict. Consolidated Lawyers’ Senior Team does this but with the object of achieving the best result for you and having an overall strategy to manage complex issues.
3.13 Director / Shareholder Disputes [Deadlocks] – Corporations Act Definitions, Remedies
Over the years and Bechara Shamieh, the Principal of Consolidated Lawyers has had a great success in assisting company directors in these very difficult positions. Often false representations are made or one director keeps another in the dark concerning the company business and money is syphoned out of the business into personal interests of particular directors or shareholders.
Our Principal comes from an accounting ground and our Senior Lawyers and Senior Consultants are familiar with the methods of disguising “money flows and the structure of business that create problems leading to director and shareholder disputes”.
We have a panel of forensic accountants from which to draw to obtain the necessary evidence to prove the money flow that has taken place leading to a dispute and justifying your claim before the court. As a litigant you only obtain a judgment in your favour where you are able to show evidence to the court’s satisfaction. This is where we craft your matter in a succinct way to enliven a Judge’s judicial discretion in your favour. This is in many ways a black art and comes from the high level involvement of our Senior Lawyers and Consultants, both Barristers and forensic accountants in these proceedings. Through all these actions, we look to the end result and attempt to negotiate at an early junction the most favourable outcome and to obtain a binding enforceable settlement that can be registered in the court.
3.14 Commercial Class Actions
Class action litigation is an emerging phenomenon within Australia, but has dominated the civil litigation scene in the United States in the last thirty years.
Following the US trend, class action litigation has increasingly become a popular mechanism for the resolution of mass claims in Australia. In recent times, class action claims included compensation claims for losses associated with share holdings, interruptions to gas/ power supplies, asbestos related injuries, contaminated water supplies, various food contamination incidents and contaminated fuel among others. These actions have illustrated how class action litigation will play a major role in shaping the Australian litigation landscape into the future.
Procedures for the prosecution of Class Actions exist at both Federal and State level in Australia.
FEDERAL
The Federal Court scheme is set out Part IVA the Federal Court of Australia Act 1976 (cth) and commenced in 1992. The Federal Court Scheme is known as an “opt-out” model for representative litigation. This means that, once the proceedings commence, if a member of the group of claimants or Plaintiff’s does not wish to be part of the action they must take the positive steps of opting out of the representative proceedings. If they do not opt out they will be bound by the judgment given in the case. Importantly, with limited exceptions, a person need not consent to be a member of a group of Plaintiffs bringing the representative action.
Some key operational features of the Federal court representative proceedings scheme is as follows:
- The cause of action must have arisen on or after 5 March 1992.
- One or more members of the group of claimants can commence proceedings as the representative of the group. The group must comprise seven (7) or more people with claims against the same person, “in respect of, or arise out of, the same, similar or related circumstances”, with at least one substantial issue of law or fact that is common to the claims.
- Notice must be given to group members of the commencement of representative proceedings.
- The court has a wide discretion to order that a proceeding not continue as a representative proceeding.
- The court has the power to establish sub-groups.
- Representative proceedings cannot be settled or discontinued without the Federal Court’s approval.
- Damages, declarations, injunctions maybe claimed as forms of relief.
- The judgment binds all members other than those who have opted out under the court procedures.
STATE
A second form of representative proceedings, commonly known as the “same interest” procedure, is provided for in rule 6.18 of the Uniform Civil Procedure.
In essence the “same interest” procedure provides that when numerous persons have the same interest in any proceeding, the proceeding may be commenced or continued by or against one or more of the group representing the whole or part of the group. Traditionally, the “same interest” procedure has been narrowly interpreted with courts requiring that the claims of all group members must arise out of the same transaction or series of transactions. However, in recent time’s a more liberal approach has allowed “same interest” representative actions to become as broad as Federal court proceedings.
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