SPM Law will stand toe to toe with your opponents to protect your legal rights.
SPM Law litigation team has a reputation for assisting both large and small clients in righting wrongs. We have the philosophy of delivering outstanding client service, talking to clients in plain English and providing practical, real world solutions.
The team works with our clients to resolve disputes in a timely and cost effective manner. We take the time to ensure that you understand the process as well as the alternatives to formal litigation – including mediation, conciliation and arbitration.
Unfortunately, there are times when a dispute cannot be resolved without the need for court action. SPM Law are skilled in litigating disputes in all Queensland courts and tribunals and have managed litigation matters including high profile cases in the Queensland Supreme Court, as well as having success in the High Court of Australia. When appropriate, we brief experienced barristers with specialist skills to work with us on the case.
SPM Law are experienced in advising clients across a wide range of areas, including dispute resolution and commercial litigation, having acted for – and against – hundreds of clients and businesses in a wide array of large scale and complex litigation.
Areas of expertise:
- Debt Recovery
- Commercial and Contractual Disputes
- Challenging a Will
Cash flow is important for every business. So what to do when your debtors aren’t coming to the party?
You could spend hours of your own time in an unproductive “chasing your tail” exercise or you could come to SPM Law who are experienced in assessing recovery options and have established techniques to assist you in obtaining what is rightfully yours. It’s an unfortunate fact of life that many people will avoid their responsibilities as long as possible, whether through design or necessity. However, the threat of incurring additional costs by court action is a highly motivating factor for people to pay their debts. Some people put their head in the sand – don’t let them avoid the issue; use SPM Law to keep them honest!
Commercial and Contractual Disputes
Finding yourself embroiled in a dispute can be a distressing and costly experience for both businesses and individuals if you lack the right advice at the right time. Whatever the circumstances of your disagreement, it is important that you seek legal advice at the earliest opportunity to ensure a swift and satisfactory resolution.
SPM Law has helped clients with:
- Building disputes
- Commercial and business disputes
- Compulsory acquisition compensation applications
- Franchising disputes
- Financial services disputes
- Insurance disputes
- Intellectual property disputes
- Leasing disputes
- Property disputes
- Trade practice disputes
SPM law has worked on many high profile cases including:
- Suncoast Pastoral Company Pty Ltd v Coburg AG (No 2) Pty Ltd & Ors  QSC 157 (15 June 2012)
- Pinehurst Nominees Pty Ltd v Coeur de Lion Investments Pty Ltd  QSC 25 (20 February 2014)
Challenging a Will
The death of a loved one is a particularly difficult time and if there are complex family relationships, emotions and issues of fairness can intercede where the descendent left a will. For example, second marriages and children from multiple relationships are not uncommon and ensuring everyone is treated equally can be difficult. There are some common refrains in these situations that the lawyers at SPM Law have extensive experience handling and who can give you their professional advice:
- What do you do if you have been left out of the will?
- What if you feel that the will does not provide you with adequate financial support
- What if you suspect that someone has taken advantage of an elderly parent to alter the terms in their favour?
In these cases it is essential that the executors of the estate are promptly notified that the terms of the will are going to be challenged.
There are two types of challenge to a will:
- A Family provision application – this occurs when you feel that you have not been adequately provided for and that you will be seeking an adjustment of the gifts in the will to ensure you receive a fair entitlement.
- An objection to the will itself – this is a situation where you believe that the testator or testatrix was not fully aware of what he or she was doing when the will was prepared. This is either because the person lacked capacity due to failing mental faculties or where someone else has placed undue pressure on the testator or testatrix to make the will in a certain way that appears suspicious.
In most cases these challenges can be mediated, and at SPM Law we have experienced will lawyers who can assist you to ensure your rights and interests are protected. If a negotiated outcome is not possible and court action becomes necessary, then SPM Law will be there to assist you to its conclusion.