Frequently Asked Questions
Lynn & Brown Lawyers - Perth, Morley & Ellenbrook
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Are there alternative solutions?
Litigation may not be the best solution to a conflict. One of the most common approaches is using mediation, negotiation and arbitration to find a constructive solution to resolving the dispute without having to go to court. Known as alternative dispute resolution techniques, there are a number of advantages to using this
What are the outcomes of litigation?
If successful you may be entitled to a remedy but this is up to the discretion of the court. A remedy may include damages in the form of a financial compensation; an injunction which is stopping a person from doing a specific thing; or it may require them to do
How long do I have to commence litigation?
Nearly all causes of action have a limitation period in which an action must be brought before the court. A failure to bring an action before that time can mean you are unable to commence proceedings. This limitation period varies depending on the cause of action, with a general rule
What does litigation involve?
Generally where parties are in a dispute they should attempt negotiation first with the other parties in the hope to reach a settlement prior to court proceedings being commenced. If this fails then court proceedings can be initiated. The court then has its own process which involves stages of defining
What happens if you are being sued?
If you have received a summons letter or some other notification indicating you are being sued, it is important to get legal advice so you can understand your rights and obligations. Our team has proven success in resolving disputes quickly and easily in order to achieve the best outcomes for
How is negotiation used to resolve conflicts?
Depending on the matter, there are different processes that occur in litigation which range from negotiation right up to trial. Litigation generally ends when the matter has been negotiated and settled or when the case is heard before the court and a final judgement is made. Not every dispute ends
What to do if you want to make a will
Contact us today for an appointment with one of our lawyers. They will be pleased to assist you to create a Will suited to your circumstances.
What does it mean if you don’t have a valid will and what issues may arise?
In Australia surveys show that about 60% of adults do not have a valid Will in place. If you do not have a valid, or up to date Will, you or family may experience the following difficulties: Your property may not go to the people you want it to go
Why should you get a will?
Some of the key reasons for preparing a Will are: To ensure that your estate goes to the people that you want and need to provide for. To avoid your estate going to people that you may not want it to go to. To minimise the risk of having a