Dispute & Litigation Lawyers

Our focus is on resolving disputes as efficiently and cost effectively as possible, without the need to go to court.

This saves our clients money and time.

There is always a balance to be struck between the outcome that can be achieved and the cost of litigation or resolution.

By factoring in the commercial reality of a claim we can advise on the best course of action.

Resolving a dispute before it becomes litigious is often the most cost effective outcome for a client.​

During the court process you will have the opportunity to utilise various legal tools to strategise so as to achieve the best resolution of your claim.

“Offers of Compromise” or “Calderbank Offers” are two such tools that can be adopted as part of a strategy to encourage the other party to settle.

Our dispute and litigation lawyers are skilled negotiators and have extensive experience in developing litigation strategies relevant to the clients particular needs in order to secure the best financial outcome for our clients.

If an out of court resolution will not result in the best outcome for a client, or the opposing party is not willing to discuss a reasonable outcome, Pace Adelaide Legal is skilled and equipped in undertaking litigation on behalf of its clients.

Our dispute and litigation lawyers have the expertise and drive to represent you in court and engage in a robust and thorough prosecution of your claim.

(A Calderbank offer is the recognised practice of making a “without prejudice” offer but reserving the right to refer to and rely on the offer in relation to costs applications. It derives its name from the English Court of Appeal decision in Calderbank v Calderbank.)

An offer of compromise is essentially a formal offer to settle a proceeding made in accordance with the relevant court rules.

To bring a successful claim for professional negligence, you must establish that there was a duty of care owed to you by the professional and that the professional breached their duty of care, resulting in harm or damage to you. In some professions where the existence of a duty is not settled law, careful argument must be made and, in some instances, care is required in articulating the exact nature of the breach. In any event, such claims come in a multitude of forms and a ‘one-size-fits-all’ approach cannot be taken.

There are many ways in which a breach of contract may occur and it can be difficult to work out if a party to a contract is in breach. Uncertainty can stem from poor drafting or construction of a contract. It is usually only the cases where the arguments on either side both have merit that end up in court, as the parties can not reach common ground. Our experienced lawyers will attempt to resolve your dispute in a very cost-effective manner.

Disputes arise in this context where bankruptcy trustees or liquidators attempt to repatriate monies paid to creditors for goods and/or services, claiming the same to be preferential or uncommercial payments to that creditor. Pace Lawyers has brought both such actions on behalf of liquidators and also defended such claims successfully for creditors, for over two decades. This is a complex and technical area of law where diligent advice is a must.

Unfair Preference Claims

Building or construction disputes can have a massive impact on your life and that of your family. Be you a home owner, builder, developer, contractor or subcontractor, these disputes are always stressful and often extremely costly. Lingering or unresolved disputes can delay the build and cause significant increases in budgeted costs. Timely and pragmatic advice is the key. Our property law team is well aware of the need to move decisively and effectively in these matters and has the skills and resources to do so.

Disputes may arise in the corporate landscape where directors are accused of breaching their duties of care, where shareholders claim to be oppressed by a majority and/or shareholder agreements are said to be contravened. The available causes of action are vast as are the remedies, heightening the need for a skilled professional to navigate you through this area of law. We have had conduct of such matters for over two decades.

• ATO Lawyers Adelaide
• Commercial Litigation
• Business Litigation
• Contract Disputes
• Employment Disputes
• Franchise Disputes
• Intellectual Property Disputes
• Taxation Disputes
• Property Disputes
• Partnership Disputes
• Lease Disputes

In the case of a debt recovery, you will likely know how much you should be paid but you may not be receiving fast replies (or any replies) to your inquiries about late payments — leaving in doubt when (and if) you will ever be paid.

If you are in dispute with a builder about their charges and faulty works, the contract terms and relevant laws must be considered, which you may require a lawyer’s advice on.

If, on the other hand, you are concerned about someone suing you — you should contact us immediately. If you wait too long, the other side may file a claim against you in Court which makes the whole process more expensive.

If you receive a ‘Summons’, ‘Claim’ or other document from a Court — call a lawyer immediately! Waiting too long could result in a judgment being made against you and all your assets (like your house and bank accounts) being at risk.