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Commercial Litigation

Potts Lawyers > Commercial Litigation (Page 2)

Neighbourhood Disputes

Options Available It is important to be aware of how to correctly handle neighbourhood disputes, ensuring that you are pursuing matters in the correct forum, for example, is the matter best suited for QCAT or the Magistrates Court, or should a mediation be facilitated between parties. It’s important to understand the options available to you, through seeking appropriate legal advice that is specific to your matter.   Queensland Civil and Administrative Tribunal (QCAT) Common neighbourhood disputes involve disagreements over dividing fences or trees on adjoining residential property. QCAT can decide and review decisions relating to these matters. For tree disputes, QCAT can make decisions on recovering...

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From Collaboration to Conflict: When Business Disputes Arise

What Happens When Your Joint Venture, Business Partnership, or Informal Collaboration With Another Business Turns Sour? An increasing amount of businesses across the world, and here in Queensland, are collaborating with other businesses.   These types of collaborative relationships are very common these days, whether it’s GoPro & Redbull, a social media influencer who has entered into an agreement to promote a business and attend events, or your local coffee shop teaming up with a surf shop down the street. This recent trend should come as no surprise, as there are many benefits to businesses collaborating. Some of these benefits include: Collaborative relationships provide both...

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Allegations of Criminal Wrongdoing in Civil Disputes – What You Need to Know

Individuals who are alleging (or have been accused of) criminal wrongdoing in a civil dispute should think twice about settling those disputes themselves without the assistance of lawyers. Some examples of civil disputes where criminal conduct is also alleged include: Claims for the recovery of debts or liquidated demands of money; Claims for unpaid wages or unfair dismissal, and other employment disputes; Claims arising out of contract between a consumer and trader, or two traders; Claims for damage to property; Claims in defects for goods, including motor vehicles; Claims for damages as a result of a failure to perform services as...

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New lemon car laws introduced to protect consumers who have bought defective or faulty vehicles

WHEN LIFE GIVES YOU LEMONS At Potts Lawyers we receive many enquiries about new car buyers buying a lemon car. A “lemon” is a common term for a vehicle that turns out to have several manufacturing defects affecting the safety, value, or utility of that vehicle. Most Australian states did not previously have ‘lemon laws’. Lemon laws are aimed at protecting consumers against defects in new vehicles, and usually require the manufacturer to repair, replace, or refund the consumer’s vehicle. Beginning 1 September 2019 the Queensland government finally introduced new lemon laws to protect consumers who purchase defective motor vehicles. The changes came...

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Domain Name Disputes – An easy option?

The internet has provided a platform for businesses and individuals to gain greater access to a wider audience and market share by registering a domain name. Some of these businesses and individuals rely on their hard-earned and well-established goodwill to continue to operate. Often domain name disputes arise because someone recognises another business or individual’s goodwill and decides to exploit the goodwill of another in order to obtain a commercial benefit. Other times, domain name disputes arise because a competitor has registered a domain name to disrupt another individual or business and is not necessarily seeking to obtain any commercial benefit...

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Costs in Civil Litigation

The commencement of litigation is generally viewed as the ‘last resort’ in a dispute and connotations which are implicitly conveyed often flow to the other party which are analogous to a UFC match when the contenders enter the octagon and the announcer says: it’s…time… While it can be viewed as the only remaining option, in most civil matters where parties are represented, the matter will not go forward to a full trial in the courts. Most parties will reach a settlement which can be achieved by numerous means and is often in the best interests of everyone involved, and may also...

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GAME OF DEBTS – How do I recover money owed to me?

In our modern age debt recovery is not only a common occurrence where disputes arise between parties, but as some Game of Thrones zealots may argue, brings shame and flagrant disrespect to the Lannister household and its family mantra that Tyrion Lannister is well known for: ‘A Lannister always pays his debts’. Unfortunately, not everyone in today’s society shares or honours the Lannister’s sentiments and disputes can arise from seemingly small amounts to an incredibly large sum of monies.   What is Debt Recovery and what is the First Course of Action?   Before we explore what happens in Debt Recovery, it is prudent to provide...

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