Frequently Asked Questions

Lynn & Brown Lawyers - Perth, Morley & Ellenbrook

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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

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

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

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

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

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

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.

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

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

If you are thinking of starting a business, you will need to consider the different business structures available to you and work out which structure will best suit your needs. In Australia, businesses are commonly structured as sole traders, companies, partnerships, discretionary trusts and unit trusts. It is important to seek professional advice (from a lawyer, accountant, or business adviser) before deciding which business structure to use.
If a company becomes insolvent, it will need to go into administration. Voluntary administration occurs when the directors of a company decide to appoint an administrator to take control of the company. A qualified insolvency practitioner will be appointed to ‘take over’ the company in an effort to investigate it and potentially save it.
We often find that when businesses and individuals are signing contracts that it is a busy time in the business or individuals’ lives. There is often a lot going on and a lot of excitement about the endeavour about to be entered into. It is often, therefore, a temptation for businesses to rush into a transaction before proper reflection and consideration occurs.
A shareholders’ agreement is a contract signed by the shareholders of a company, which regulates their obligations and rights, as well as what should happen if certain situations arise. Unlike a company constitution, (which is automatically binding on all members) a shareholders’ agreement is only binding on the shareholders who sign it – just like any other contract. Since shareholders’ agreements are not compulsory, there are no requirements as to how they must be written.
One of the most satisfying tasks we perform at Lynn and Brown Lawyers is to work with our clients to either purchase or sell a business. We all know how stressful it is buying or selling a property and hoping to achieve a successful outcome. These stresses are no different to those that exist around buying or selling a business, particularly if that business is one you have built from scratch or the business that you are looking to buy is as a result of a significant lifestyle change or ambition for the next stage of your career.
Contracts, which you might not have noticed, are everywhere in our life. From simple sale and purchase, service supply, property leasing, to employment, banking and investments. Like many of us, you may have been stuck in a contract before and wanted to get out. Can I? You may wonder. There are different ways to end a contract. However, contracts are binding legal instruments, so a free exit ticket may not always be available.
Do you rent a retail or commercial property and want to end the lease? The first thing you should always do is check the terms of your lease agreement. Different agreements may include different methods for termination or different situations that allow you to terminate the lease.
Terms and conditions are seemingly everywhere. Often when you buy or sign up for something online, you are asked to tick a box that says you have read the terms and conditions. Our guess is that most people don’t actually read the T’s & C’s – probably because they are usually long and can be complicated.
A good lawyer, with experience, can often foresee things others could not. Sometimes there is nothing you can do about an unforeseeable event happening after you agree to a contract, but there are some things you can do to ensure your contract is as well drafted as possible.

We can find a solution for you.