Don't bite the hand that feeds you!
It’s a pretty simple rule. Most of us learn it at a young age. Even dogs know it. Now, the High Court has given it legal substance in the...
The curse of the self-represented defendant part 1 - time to sack my lawyers
I recently acted for a landlord in a commercial lease dispute. It should have been a simple action. The tenant was clearly in arrears;...
LITIGATE vs EXPEDIATE: My dog ate my postman (and other popular excuses)
As a litigator for more than twenty years, I have heard every excuse in the book for failing to comply with deadlines. The problem is: if...
If you don't like it, don't keep it
I recently acted for a solar provider in an appeal by a customer to the Victorian Court of Appeal. The customer asserted that the...
LITIGATE vs EXPEDIATE: Service of Documents
Why is it so hard to estimate the costs of Court action? There are any number of things that can (and probably will) go awry. Have you...
LITIGATE vs EXPEDIATE: Requests for Particulars
What’s the first thing some lawyers do when they receive a Statement of Claim? They ask for particulars. Even if they are already aware...
Why not arbitration?
Arbitration agreements and the process of arbitrating disputes are often much maligned by lawyers. There are cries of "You'll be...
Caveats - 15 pertinent comments
A caveat is one method by which a creditor may compel payment of outstanding debts by a debtor, or any guarantor of the debtor's...