Litigation and Dispute Resolution

Pearce Webster Dugdales can assist with all aspects of lodgement (including electronic lodgement) required by Courts and Tribunals in the Melbourne CBD.

Inspection of documents produced on subpoena can also be arranged with our office.

Our litigation lawyers are available to provide procedural advice when conducting civil litigation in Victorian Courts and Tribunals.

A business needs to get paid for what it produces if it is to remain solvent long term.    There a range of debt recovery options available to a business when polite reminders to a debtor yield no result or just more empty promises.

These same options are also available to individuals who have advanced funds by way of a loan that is now overdue or otherwise find that they are owed a debt that they want paid.

At Pearce Webster Dugdales we work with our clients to identify an effective and commercial plan to recover outstanding debts and then take action against the debtor through the Courts or VCAT as appropriate.

Please feel free to contact one of our experienced litigation lawyers to discuss how to take steps to legally recover a debt.

There are a range of serious legal and financial consequences when a person becomes bankrupt or a company is put into receivership, voluntary administration or liquidation.

Those consequences should be advised upon and assessed by anyone wishing to take formal steps to become bankrupt or by any company director who thinks that their company might be insolvent.

The seriousness of those consequences also mean that prompt action should be taken if a creditor has commenced proceedings to make you bankrupt or wind up a company that you have a financial interest in or control.

If you are a creditor considering bankruptcy proceedings or a winding up application as a last resort then it is vital that all formal and practical legal requirements are adhered to appropriately.

At Pearce Webster Dugdales we provide advice in a wide range of personal bankruptcy and corporate insolvency situations to those who are experiencing or might soon experience such a situation.

Please feel free to contact one of our experienced litigation lawyers to discuss how a personal bankruptcy or corporate insolvency might have an impact on you as a creditor, or how a bankruptcy or winding up proceeding might be defended or resolved.

The Victorian Civil and Administrative Tribunal (VCAT) has jurisdiction to deal with a broad range of legal matters across its five divisions: civil, administrative, human rights, residential tenancies and planning and environment.

Our experienced lawyers can assist you with VCAT matters involving:

• Guardianship and Administration;
• Powers of attorney;
• Medical treatment and advanced care directives;
• Retail and commercial leases;
• Residential tenancies;
• Goods and Services;
• Building and Construction disputes;
• Planning disputes;
• Land valuation disputes;
• Unreasonable flow of water between properties; and
• Co-owned goods and land.

At Pearce Webster Dugdales we assist our clients to bring and defend applications, prepare for hearing and file documentation, and where permitted by VCAT, we can represent clients at hearings.

Please feel free to contact one of our Litigation lawyers to discuss how we can assist you with your VCAT dispute.

Not all matters need to be dealt with by a Judge at a Final Hearing. In fact, many matters resolve well in advance of a Final Hearing by way of negotiation between the parties.

There are many options available to resolve a dispute including informal negotiations, offers of compromise exchanged between parties, or through Alternative Dispute Resolution.  Alternative Dispute Resolution provides for early dispute management, where disputes are identified and managed promptly and effectively.

There are different types of Alternative Dispute Resolution to choose from, including:

• Mediation: Mediation is an ADR process where an independent third party (the Mediator) assists the parties in dispute to identify the disputed issues, develop options, consider alternatives and try to reach an agreement.

• Conciliation: Conciliation is an ADR process where an independent third party (the Conciliator) helps people in a dispute to identify the disputed issues, develop options, consider alternatives and try to reach an agreement. Conciliation differs from Mediation in that the Conciliator takes a more interventionist role and may be asked to express an opinion on the best way for the dispute to be resolved or to suggest the terms of a negotiated settlement.

• Arbitration: Arbitration is an ADR process where the parties present arguments and evidence to an independent third party (the Arbitrator) who makes a determination. Arbitration is less formal than a Court hearing, mainly because it does not adhere to strict rules of evidence.

Our lawyers are skilled in the area of Negotiation and Dispute Resolution, and can assist to bring a quick, efficient and cost effective resolution of your legal dispute.

Please feel free to contact one of our experienced lawyers to discuss your legal matters.