Category: Litigation & Disputes

Understanding Client Legal Privilege in Litigation

Client legal privilege, also known as legal professional privilege, is a fundamental legal principle recognised under both common law and legislation in Australia. This privilege protects the confidentiality of communications (both oral and written) between a client and their legal advisor. It is designed to promote the free flow of information between a client and their lawyer by ensuring that the client can freely disclose all relevant facts without fear of disclosure, and that legal advisors can provide accurate and effective advice without fear of reprisal.

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A Step by Step Guide to the Litigation Process!

If you are a small business owner, there is a good chance that at some point you will consider suing someone to recover a debt, seek damages for a breach of contract or to resolve an employment dispute.

If you are considering commencing a legal action, it is important to understand the basic procedures involved. We set out below a step by step guide to commencing legal action and provide some insight into the litigation process.

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When is a guarantee unenforceable?

A guarantee is a binding promise of one person (the guarantor), to be answerable for the debt or obligation of another (the debtor), if that other defaults. Guarantees become enforceable by the person to whom the guarantee has been given (the creditor) when debtors have defaulted on their obligations. 

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