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SUING AND BEING SUED

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					                                                                                                                  SIMPLICITOR




                                             SUING AND BEING SUED
                                                               PAGE 1

                                  A dispute arises.




                                  Is the dispute related to a contract or because you are being
                                  harmed financially in some other way?




                                  Before you see your Lawyer, get all your paperwork
                                  together. A client who has done their homework will get the
                                  best result from their Lawyer.




                                  Consider attempting resolution of the dispute with the other
                                  party to the dispute.




                                  Resolution not attempted            Successful resolution.
                                  or unsuccessful.




                                  Instruct Lawyer.                    Instruct Lawyer to
                                                                      document resolution.




                                  Lawyer advises in relation
                                  to prospects and costs.




                                  Client assesses if dispute                   Decides not to
                                  is worth proceeding with                     proceed.
                                  commercially.



                                                                      Instructs Lawyer to
                                                                      review documents or
                                                                      otherwise advise on how
                                                                      to minimise prospects of
                                                                      dispute in future.



                                                               to page 2




                                             SIMPLICITOR flowchart. Copyright statement

McCourts Solicitors. Suite 1, 'Solander' 42 Refinery Drive Pyrmont NSW 2009 phone: 9660 6611 fax: 9660 6622 www.mccourts.com.au
                                                                                                                  SIMPLICITOR




                                               SUING AND BEING SUED
                                                                PAGE 2

                                  Attempt resolution through Lawyer..




                                             RESOLVED                      NOT RESOLVED

                                  Lawyer prepares                        Institute legal
                                  documents recording                    proceedings.
                                  resolution.




                                  Lawyer and perhaps Barrister advise on appropriate court in
                                  which to bring proceedings.




                                  Document initiating proceedings filed in court usually a
                                  Statement of Claim or Summons.




                                  Document served on other party (Defendant). Document
                                  may set out a court managed timetable.
                                  Timetable will relate to filing of defences and claims, affidavits or
                                  statements, discovery, service of expert reports and general
                                  preparation for hearing.




                                  Defendant instructs own                Defendant does not
                                  Lawyers.                               respond -
                                                                         Judgment obtained.




                                                                         Assess commercial
                                                                         prospects of enforcing
                                                                         Judgment and recovering
                                                                         legal costs.




                                                                         Enforce Judgement if
                                                                         commercially viable.



                                          to page 3




                                               SIMPLICITOR flowchart. Copyright statement

McCourts Solicitors. Suite 1, 'Solander' 42 Refinery Drive Pyrmont NSW 2009 phone: 9660 6611 fax: 9660 6622 www.mccourts.com.au
                                                                                                                  SIMPLICITOR




                                                 SUING AND BEING SUED
                                                                 PAGE 3

                              Defendant’s Lawyers                                Lawyer confers with client
                              request details of claim.                          to obtain details.




                              Details of claim provided                     Side issues may develop which
                              to Defendant’s Lawyers.                       require court hearings.




                                                   Have all the           Is the claim          Is security
                                                   details of the         legally               for costs
                                                   claim been             valid?                required?
                                                   provided?




                              Court "mention" date where                                      Mediation
                              the Court checks to see if extra                                considered.
                              things need to be done.




                              Case listed for hearing.                    Mediation              Mediation
                                                                          unsuccessful.          successful.




                              Judgment delivered.                                     Lawyers document
                                                                                      resolution.




                              Claim                      Claim                        Instruct Lawyer to
                              successful,                unsuccessful.                review documents or
                              wholly or in                                            otherwise advise on
                              part.                                                   how to minimise
                                                                                      prospects of dispute
                                                                                      in the future.


                              Generally will             Will generally
                              obtain order for           have to pay other
                              costs in favour            side’s costs as
                              of successful              well as your own.
                              party.




                                                 SIMPLICITOR flowchart. Copyright statement

McCourts Solicitors. Suite 1, 'Solander' 42 Refinery Drive Pyrmont NSW 2009 phone: 9660 6611 fax: 9660 6622 www.mccourts.com.au

				
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