Strategies To Avoid Liability LawsuitsPut your documentation in date order and highlight the parts that are most relevant.
There is a four step process for working out what percentage of the property each of you should get. As a first step, subcontractors in the construction industry are advised Avoiding Service of Process to check their contract for a dispute resolution clause. If there is one, the stated processes must be followed otherwise you could be technically breaching the contract.
You may be entitled to claim travel allowance if you need to travel more than 30km to reach court. If you want to claim travel allowance, you should ask for a travel claim form when you are at court. The Federal Court of Australia will provide a payment summary to each juror at the end of the financial year showing payments made. If you require further information, you should talk to the ATO or your financial advisor, if you have one. A completed questionnaire can be returned by post, by using the pre-paid return envelope provided with the questionnaire, or by lodging it electronically using the directions given in the covering letter. If you cannot speak or read English, you can request to be excused from jury service on that basis.
An Enforcement Hearing Subpoena (form 2.51) must be served personally. This means that it can only be left with the Enforcement Debtor and cannot be left with anyone else. So far so good – these are provided in the Family Court “Service Kit” with instructions. The Defendant is protected by the Plaintiff having to take specific steps to ensure that they are served and aware of the proceedings.
If you have any questions or would like to seek help to resolve a business dispute, our specialist business advisers can help. We have developed a sample letter of demand for recovering a debt and a letter of complaint for other matters. You can download the sample letters and tailor them in relation to your dispute. Look for a ‘win-win’ solution that restores your business relationship.
If they agree, you can serve the lawyer who will sign the Acknowledgement of Service . If you serve a lawyer, the server doesn’t need to complete an Affidavit of Service (this means you don't need to complete Step 3, and can file just the Acknowledgement of Service). You need to arrange for a person over 18 years of age to serve the documents on your spouse. The server can be a family member, friend or professional process server. Personal service on a corporation requires the server to personally serve the document on a principal officer of the corporation or on the registered address of the relevant entity.
You will need to consider the time, money and effort involved to make sure it is worth it. Before threatening legal action, get advice from a lawyer and consider all of your options. Our dispute resolution service uses intensive case management (a form of guided resolution/negotiation) to help parties resolve their disputes. We can also provide parties with access to our subsidised mediation service.
All the property owned by you and your partner, either in your joint names or in your individual names, is known as the “matrimonial asset pool”. As we don’t know whether you are or were married, or if you are or were in a de facto relationship we refer to your husband or partner as “your partner” in this legal information section. A mediator is appointed to assist both parties to reach an amicable solution to their dispute. The mediator is not the decision maker and assists the disputing parties to decide on the outcome. Consider using an alternative method to resolve the dispute such as negotiation and mediation.
You are allowed to tell your friends, family and workmates that you have been selected on a jury. However, you must not discuss details of the case with anyone except your fellow jurors and must not identify other members of the jury to any person. An individual juror can also pass a note directly to a jury officer if an issue arises which the juror does not want to discuss with the foreperson. It is a matter for you and your employer to work out whether any money you receive, by way of jury allowance, must be paid to your employer.
The Federal Court of Australia usually sits between 10.15am and 4.15pm each weekday, with a one hour break for lunch. You should attend court in accordance with the details specified on the summons for jury service. If you believe that you are disqualified from jury service you should notify the Sheriff when you reply to the questionnaire or if you receive a summons to attend for jury service. It is usually best to get a property settlement agreed, or an application made to court, before you apply for a divorce as there is a strict time limit after divorce.
Service is the legal term to describe the giving of court documents by one person to another. The Magistrates’ Court must be satisfied the other person has received documents in the correct way. Some states and territories, such as the Australian Capital Territory, Queensland, Victoria and Western Australia, have civil and administrative tribunals.