Court Disputes Articles

Lawyers Adelaide Beger & Co Lawyers Adelaide provide legal services in a wide number of areas.  These range through personal and business legal matters for our clients. Some of our more commonly requested legal services include: Wills and Estate Lawyers Adelaide A large part of our legal practice’s activity is acting as wills and estate… Read more »

In a previous article (How to Deal With a Statutory Demand), we assured you that the 21 day window to apply (by filing the application and serving it on the applying creditor) to set aside a Statutory Demand could not be extended. The scheme set up by the Corporations Act is strict and inflexible on… Read more »

Recently, Beger & Co Lawyers acted for commercial tenants who were being evicted by their landlord because their lease arrangements were coming to an end.  Despite vigorous opposition by the landlord, our clients won a Court Order to extend their lease term so that they can stay in their shop for at least 5 years…. Read more »

Defaming Public Figures

by | Court Disputes, Peter Jakobsen

In defamation law, there is a defence of Qualified Privilege.  A defamatory statement will not make the defendant liable if there was a legal, social or moral interest or duty to say it, and the person spoken-to had a corresponding duty or interest to hear it.  And the statement must be reasonably necessary to the… Read more »

The world is a smaller place and more and more of us do business overseas, in the United States among other countries, despite the disdain of the US President for certain free trade agreements. But business can, unfortunately, sometimes lead to litigation (which has been described as business by other means). What to do if… Read more »

Expert Evidence

by | Court Disputes

Generally, the Courts aren’t interested in anyone’s opinion except their own.  That is, the Courts are there to hear facts and then deliver their opinion (which is called a Judgment). One major exception to this principle arises in the case of an expert witness.  Experts are allowed to give an opinion and have that opinion… Read more »

Injunction Undertaking as to Damages

by | Court Disputes

We have written on injunctions in general [see our article ‘When Only an Injunction Will Do‘] but want to remind you that generally, if you seek an interim or interlocutory injunction, you will need to give an undertaking as to damages, so that if the injunction turns out (after a trial) to have been granted… Read more »

Standards of Proof in Different Court Cases

by | Court Disputes

When something has to be proved before a Court or Tribunal, the question to be addressed is to what degree (“how much” or “how well”) does it have to be proved? This will depend on the type of case, the issues in the case, and the type of Court or Tribunal. In a criminal matter,… Read more »

In the film Reversal of Fortune, the actor playing Alan Dershowitz gives an example where a woman on the point of divorcing her husband is suddenly accused of molesting her son. He describes the nightmare fallout – suddenly she is all alone – everyone assumes she is guilty – even the mailman is starting to… Read more »

In our experience, resolving a dispute favourably is usually due to a number of factors. These are some of the factors that contribute to a successful outcome when you have no choice but to litigate. Respect the little things: Most successful entrepreneurs focus on the big picture, but they know that the minutiae must also be covered…. Read more »

Mediation – Why Bother?

by | Court Disputes

In legal disputes, mediation is often raised as an alternative to Court proceedings.  Why?  Why not leave it to the Judge or, alternatively, simply sit down with the enemy and arrange a truce over a coffee?  Let’s look at these possibilities – trial or negotiation – and come back to mediation. The Trial Model The… Read more »

The NSW Independent Commission Against Corruption was established in 1988 under Premier Greiner, who later, famously, lost office due to one of its investigations.  The NSW ICAC has become famous, and some may say notorious, more so in light of its recent investigation into a senior Crown prosecutor, Ms Cunneen SC. The High Court delivered… Read more »

Ostensible Authority

by | Commercial Transactions, Court Disputes

Ostensible authority of an agent is imposed by the law as a way of preventing a principal from repudiating a deal instituted by someone who appeared to have authority for that principal where it would be unconscionable to a third party to do so. If a principal (P) such as a corporation, partnership or an individual uses a person… Read more »

In 2013, the SA Parliament passed the South Australian Civil and Administrative Tribunal Act. It will determine administrative matters but will also have a civil jurisdiction that is still in the process of crystallisation. Therefore, depending on what types of civil cases it can hear, there is a possibility of quicker, cheaper and less technical… Read more »

The Independent Commissioner Against Corruption Act 2012 established the Office of Commissioner Against Corruption, an office held by the Honourable Bruce Lander QC, formerly a Supreme and Federal Court Justice. Recently, the Commissioner made a significant point. He is required to prepare directions and guidelines (and has done so) governing reporting of matters that concern… Read more »