Litigation

Craddock Murray Neumann Lawyers has a diverse and expanding litigation practice that delivers quality services to individuals, corporate and government clients.  Our lawyers are highly experienced and we have established a solid reputation as tough and skilled litigators. 
 
At Craddock Murray Neumann we are able to undertake proceedings in all Courts and jurisdictions, representing both plaintiffs and defendants, as well as offering assistance with negotiation, mediation and alternative dispute resolution, and representation in enquiries such as inquests or ICAC enquiries. 
 
The depth of experience of our senior lawyers allows us to efficiently identify the key issues, research the case, draft the relevant documents and locate experts. Over the years we have developed a strong network of contacts, including barristers, forensic accountants, builders, architects, engineers, actuaries and professionals in many other fields to provide both expert testimony and the analysis required to identify lines of enquiry to support a case.  
 
Litigation is risky. What we can do to minimise the risks is to provide lawyers who:
  • take a personal interest in thoroughly preparing each matter using our ISO quality accredited systems
  • have the reputation to be taken seriously by the opposing party
  • have the experience, judgement, imagination, and insight to find the best path through the process
In some cases, we will consider acting on a “no win no fee” basis - conditions apply.
 
In addition to litigation expertise, our lawyers also have experience in fields of work that include emergency medicine and nursing, accounting, teaching/education, travel and hospitality, government services, business, sport and primary industries – a range of expertise that broadens the outlook of our lawyers and provides particular skills to assist in the preparation of cases. 
 
Our litigation services include (click on the links below for further information) :
  • insurance and loss claims and “Insurance declined” matters
  • medical and health enquiry matters
  • negligence claims arising from a loss you suffer as the result of something which someone - including a professional - should (or should not) have done
  • criminal defence work
  • disputed estates/contested wills
  • family law
  • property disputes, including conveyancing issues and claims arising from injury to/interference with property interests and other rights
  • debt recovery
  • insolvency law litigation
  • all types of Commercial litigation including:
    • breach of contract cases
    • breach of trust cases
    • disputes about security interests
    • litigation over guarantees, charges, mortgages etc
    • intellectual property disputes
    • trade practices disputes
  • building law matters
  • enquiries including inquests, ICAC enquiries etc.
  • administrative law litigation arising from actions by government departments.
  • Court of Equity litigation arising from:
    • breach of trust
    • unfair contracts, undue influence, fraud, unconscionable conduct
    • dissolution of partnership proceedings.
Further information
 
Contact Craddock Murray Neumann Lawyers on (02) 8268 4000 for friendly professional service.
Setting aside sequestration order - Trustee’s costs
Date: Nov 16, 2015

Quite often, a sequestration order is made by the Registrar of the Court in the absence of the debtor. As a result of the sequestration order, a trustee is appointed to the Bankrupt Estate of the debtor.

Contract: the rules of the game
Date: Jun 15, 2015

The traditionally accepted view of law is that it is an independent set of rules governing society routinely applied by reference to existing precedent. The law is considered autonomous and distinct from custom, morality, religion and politics. In western civilisations, legal systems are built on liberal foundations.

Private contractual arrangements and government intervention
Date: Jun 12, 2015

The law was not constructed on a bare canvas, but on value-laden foundations. Ordinarily, when a house is built on a sloping block, the nature of that slope determines the type of structure erected upon it. The structure is changed to suit the conditions of the landscape, not vice-versa. It is no different with the law.

Religious officers, contracts and legal relations
Date: Jun 11, 2015

In commercial transactions, the onus of proving (on the balance of probabilities) that a contract does not exist rests with the party disputing what courts presume to be an agreement intended to have legal force. For disputes concerning family members, courts take the viewpoint that “each house is a domain into which the King's writ does not seek to run, and to which his officers do not seek to be admitted”.

Consideration in contract law
Date: Jun 10, 2015

The doctrine of Consideration is concerned with the price paid for a promise. Consideration is something of legal value given in exchange for a promise.

A contract that is not a contract
Date: Jun 09, 2015

Equitable Estoppel is a cause of action that protects parties’ reliance on promises which have the appearance of a contract, but which do not satisfy the elements needed to create binding legal relations, that result in detriment to one party. The case of Waltons Stores (Interstate) Ltd v Maher is a landmark case which has greatly affected the common law of contract.

Penniless partner: bankruptcy and family law property disputes
Date: Jun 08, 2015

In certain circumstances in the past, a situation could arise where a spouse facing family law property proceedings would file for bankruptcy or be declared bankrupt (the Bankrupt), with the result of becoming a “penniless partner” of a non-bankrupt spouse (the Spouse), whose claim might then be defeated in the Family Court property settlement proceedings. The only salvation for the Spouse was to apply to the Federal Court for annulment of bankruptcy on the grounds of some abuse of process.

Why It Pays to be a Stickler for Service of Court Documents
Date: Jun 04, 2015

Natural justice requires that a person be made aware of the claim or charge brought against him or her, and be given an opportunity to defend such a claim. For this reason, the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) set out precise guidelines for service of court documents.

Statutory Demands, Winding Up Applications and the Issue of Solvency: why a company served with a Statutory Demand should raise any dispute within 21 days of service of the Demand
Date: Jun 03, 2015

Insolvency law, in particular that part of insolvency law covered by Part 5.4 of the Corporations Act 2001 (Cth) (the Act), demands strict compliance with specific timeframes and legislative provisions.

Are some bank fees unenforceable? - Paciocco v ANZ [2014] FCA 35
Date: Oct 06, 2014

Bank customers in Australia are eagerly awaiting the outcome of ANZ’s appeal to the High Court after the Federal Court’s decision in February 2014 decided that the fees ANZ charge for the late payment of credit cards are unenforceable. The decision will have a huge impact on the banking industry. If the Federal Court’s decision prevails on appeal, it is likely that many of the fees charged by all the big banks will be challenged.

Costs orders - who pays the costs of legal proceedings?
Date: Aug 25, 2014

The Court has power under Section 98 of the Civil Procedure Act 2005 to determine by whom, to whom and to what extent the costs of the proceedings are to be paid.

What are the requirements to be a licenced credit provider?
Date: Aug 15, 2014

The recent introduction of the National Consumer Credit Protection Act 2009 and related National Credit Code, have increased the regulation of credit providers in Australia. If your business engages in credit activities for personal, household or domestic purposes such as directly providing credit, making related suggestions or acting as an intermediary between a lender and a consumer, then you will probably need an Australian credit license to carry on your business. The licenses are administered and enforced by the Australian Securities and Investments Commission (ASIC).

LITIGATION - Frequently Asked Questions
Date: Dec 04, 2012

Deciding how to settle a dispute - Choosing a process - Commencing litigation - Pre-trial procedures - Discontinuance or withdrawal - Enforcement of judgments - Costs of Litigation - Time limits - Lawyers

Colleges, Registered Training Organisations (RTOs) and the Australian Skills Quality Authority
Date: May 29, 2012

On 30 June 2011 the Vocation Training and Accreditation Board (VETAB) which regulated the operation of Registered Training Organisations (RTOs) ceased operations and was replaced with a new national regulator – ASQA (the Australian Skills Quality Authority).

Security for Costs
Date: Aug 08, 2010

The general rule is that everyone should be able to enforce their rights in the Courts – poverty should be no bar to justice.

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