Litigation and Disputes
Aitken Wilson Lawyers can provide you with practical legal advice to evaluate your situation, whether you have a claim, or someone is making demands on you. The preliminary stages of disputes are the most vital to achieve the outcome that you are looking for. Our plan is to work with you to make sure that results, in terms of time frames and costs, are agreed and understood to begin with and make sure that you appreciate the processes and minimize the stress involved.
With experience in litigation involving matters in the Magistrates, District, Supreme and Federal Courts, and the various industrial relations Courts and Tribunals, you can be sure that your interests are our interests. We will explain what is involved in disputes, and provide you with a good understanding of what will be needed from you as far as time and expense is concerned. We don’t sit on the fence or make unrealistic promises.
Whether your dispute can be kept out of the court system and some other form of dispute resolution is appropriate, such as arbitration or mediation, will be explored as options with you. There are ways of reducing the time and cost of litigation such as these and other efficiencies which may be in your best interests. There may however be no way of avoiding court, and in many situations, this may be the preferred method of finalizing the issue.
We will discuss with you in detail the costs involved in your matter at the beginning so there are no misunderstandings. Generally, our fees for litigation are charged on an agreed hourly basis of undertaking work on your behalf or under a court scale of costs such as the Federal or Supreme Court scales. In certain circumstances we will consider if it is possible to take your case on a “no win no fee” basis.
Costs may be a relevant consideration throughout your action and can to some extent dictate the tactics you use in your dispute, keeping in mind also that an unsuccessful party generally will be ordered also to pay the other side’s costs. If an order is made in your favour, it will only usually be a contribution towards those fees you have paid yourself; there can be a shortfall and you need to be aware of this before you start.