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.
Contact us now and get a response from a lawyer about whether or not you were properly served.
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.
Why Choose RCR Lawyers for Defending Your Claim?
Our blend of extensive knowledge, customer-focused approach, and strategic orientation makes us stand out in handling commercial disputes.
At RCR Lawyers, we handle the legal work for you.
Our goal is to allow you to focus on running your business successfully.