Setting Out Your Position
Getting advice is the first step to resolving your dispute. Getting a clear indication on your rights and the what is involved to assert your rights is key. This will determine the most cost-effective and straightforward way to resolve a lease dispute.
Many disputes settle quickly once this is evident to the otherside. Getting a lawyer to assist does not mean the beginning of a complex dispute and legal costs.
Getting a lawyer to draft a letter setting out your dispute with the other party has a two-fold effect. Firstly, It helps the other party understand with the clarity the legal basis of your position.
Secondly, it demonstrates that our are serious about your rights and that the other party needs to think clearly about resolution.
In some instances, such as evictions etc urgent actions such as injunctions or lock outs are required. This requires legal precision and adherence to the law.
If such actions don’t follow the right legal processes, you could be liable for costs and compensation. Our lease lawyers can act quickly and carefully to assert your position whilst paying attention to any potential repercussions.
Early conciliation is usually the best approach. If the lease is a retail lease, mediation via the Small Business Commissioner is compulsory in any case, unless the circumstances are urgent.
We regularly represent clients at mediation. Mediation is inexpensive and refines the issues the in dispute with the view to achieving a workable outcome.
Even if the lease is a non-retail commercial lease, mediation can still be used and in most cases should before because it will very often bring about a resolution.
Getting lease advice prior or during mediation is a great advantage as the legal issues can be dealt with in precise way. We will seek to focus the other party’s mind as to the strengths of your case in a persuasive way to give the matter the best chance of an early resolution.
If litigation is necessary, we have strong experience in both Victorian Civil and Administrative Tribunal VCAT and the Courts in representing our clients’ interests.
Once a matter gets to this stage, we take a very tough stance against the other party. We also at the same time continue to look for ways to globally resolve the dispute before a hearing or trial.
Property Litigation is complex and can become expensive. It is also necessary in some instances to get an outcome. Our lawyers are diligent in our approach to any court-based litigation and at each stage ensure your matter is well organised and articulated.