I have been served with a claim

Have you been served with a claim?

In your first meeting with your lawyer, you would generally be asked the following questions:

Enquire on Defending a Claim

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Rostron Carlyle Rojas Lawyers

4.9

Based on 62 reviews

review us on

Taya Laurens

12:12 25 Mar 23

I highly recommend Tyrone Thomas.

Rahul

05:35 23 Nov 22

Team at Roston Carlyle Rojas Lawyers specially Varun Gupta, Brendon McKenzie and Maisie Taylor are great professionals with competent and outstanding skills. From the first meeting with Varun Gupta, we got assured that we are with right people and they proved it. No doubt they are most recommendable team of professionals. Throughout the process they kept us updated and were available all the time for any questions or concerns. We will again contact them and recommend to my friends and network.

Janet Davey

07:04 05 Aug 22

Zoe Kansky is very professional and great to work with, she explains everything clearly from start to finish. She is also very friendly, l would definitely choose this firm again. I Highly recommend Rostron Carlyle Rojas Lawyers

Tina Mckay

11:27 01 Aug 22

Mysa was completely competent from start to finish, she seamlessly guided us through the legal process and was very informative, no question was too small. The RCR Lawyers team was there with us from the beginning to the end and helped us achieve closure with a positive result and for that we are extremely grateful.

Sweden Perez

15:39 10 Dec 21

Upon meeting with Varun, I never doubted that he’s certainly a brilliant solicitor and true enough, with all the things he did for us, he really surpassed our high expectations. He is very responsive in everything and even to a small detail. He is very professional that he would give an honest advice and direct answers to all our questions and enqueries. He never left us especially in a critical situations (yes, there were a lot of circumstances but Varun fixed them for us) but actually, he stayed with us up to the last minute of the day or until to settle everything that we need to do. Thank you Varun for helping us to buy our first home!!!

Luke Patrick

07:36 14 Jul 21

My partner and I went through these guys for a complicated partner visa case after being referred from a lawyer friend. After being told by other lawyers that it was either easy or impossible, these guys told it like it was, realistic (they also had the same fees as the others). Peter and Shanalee were with us the whole way to provide guidance and 2.5 years later we are happy to receive the news that the partner visa has been granted.Thank you for all of your hard work guys.All the best.

Experienced litigation lawyers make a difference in defending a claim.

We know the litigation process in and out and we know how to use it to your advantage.

We can advise you of the following:

Applications within the proceeding. Did you know you can make or break a case by running applications for:
- Further and better Particulars;
- Strike out of pleadings;

Being sued by a corporate plaintiff? Have you considered an Application for Security for Costs?

Don’t have the evidence to support your defence but know where to get it? Have you considered a Notice of Non Party Disclosure.
Disclosure stage is looking at the evidence to support those allegations in issue in the pleadings. Cases are won and lost in disclosure. It’s one thing to plead an allegation in your statement of claim but if you do not have the sufficient evidence to support the allegation, at disclosure stage is where a defendant can make the plaintiff prove its case or limit parts of the claim.

location, location, location

Location matters greatly in legal proceedings.

Timing and procedural steps will vary depending on the state and jurisdiction the claim originates from.

Jurisdictional arguments are the first step to consider in defending a claim.

Matters to consider:

Is the plaintiff interstate?
Is there a jurisdiction clause in your agreement, the subject of the dispute?
Where was the contract formed, where were the representations made?
Where do the potential witnesses reside?
Missing a deadline for filing can be challenging and costly obstacle to overcome in Court.
Different states and jurisdictions will have different governing acts and rules.

Were you properly served?

Matters to consider:

Type of claim
Court in which the claim was filed
Is the plaintiff an individual or a company?
How was the claim served?
If a company, were you served at your registered office or principal place of business?

A failure to adhere to the strict guidelines laid down by the various Courts and rules is a frequent mistake made by self-represented and qualified practitioners alike.

Grounds for a Legal Defence

It is not enough to just disagree with the claim to mount a successful legal defence.

A defence must be logical, needs to respond to the allegations in issue in the Statement of Claim, cannot be made without evidence to confirm its truth and be presented in a way that clearly answers each of the legal elements required.

The art of creating a successful defence in a legal proceeding should not be left to chance and having an experienced lawyer who deals with commercial litigation all day, every day will improve your chances significantly.