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5 Things You Must Know About Defamation Law in Australia
In the age of social media, words can make or break companies and
Notice any discrepancies in your business transactions or those of clients? If you need help with litigation, we can help you to recover the maximum damages possible.
From breach of contract and project delays to negligence and other issues, our litigation lawyers can help with a range of construction dispute matters.
Are you stuck in a landlord-tenant conflict? Or need help with a property development dispute? Our commercial litigation firm provides expert legal advice to find solutions.
We can assist your clients with claim denials through informal steps, IDR, AFCA and Court proceedings. We provide expert insurance litigation to help protect your clients’ rights.
Richard Leahy is the Legal Practitioner Director of Cochrane Leahy Litigation. Richard was a partner in an award winning, national firm, practising in commercial and insurance litigation. Identifying a gap in the Queensland legal market, he has now created his own boutique commercial litigation firm, with an emphasis on expert but commercially pragmatic service for businesses and individuals.
Richard can be contacted on mobile 0421 608 459 or at
[email protected].
When looking for a commercial litigation lawyer, the decision cannot be made lightly. That’s why we offer a no-obligation consultation about your dispute to consider your needs, goals, and budget so you can determine whether we are the right choice.
Litigation in a Court or Tribunal is regulated by the Rules of that Court or Tribunal and a variety of other pieces of legislation and precedent Court decisions.
Ultimately, the Court decides how a matter progresses and what the outcome will be. The Court controls the parties, not vice versa.
Of course, any litigated matter involves at least two parties and the rules of natural justice require that each party has the right to know the allegations of the other party and a reasonable opportunity to respond to those allegations. Each party will also have the opportunity to provide input on procedural steps and the pace at which and how a matter progresses will not be dictated by one party alone.
A litigated proceeding might take 6 months or it might take 6 years. It is hard to predict at the beginning as the attitude of the other party and the Court or Tribunal will not be known before proceedings are commenced and progressed.
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From your first contact with our firm you will notice the difference. You will brief Richard and he will run your matter. His down to earth manner and experience will put you at ease. Throughout the entire process, this direct contact will ensure ease of communication and accountability. The buck stops with Richard and he will always be available to explain issues and answer your concerns.
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Cochrane Leahy Litigation is legally required to enter into written costs agreements with its clients. We will provide the proposed agreement as soon as possible and negotiate its terms with you. Our approach to costs is explained in How we charge for work.
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To begin with, Richard will identify your issues and your goals. Most proceedings begin with an Application or Claim. These state the case of the Applicant or Plaintiff. Richard will seek your relevant documents and instructions to enable a draft Application or Claim to be prepared for your approval. You won’t be left in the dark, with a case pleaded by someone else – who may not appreciate the fine details of your case.
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The next step is for the Defendant or Respondent to file a Defence or Response. Cochrane Leahy Litigation will seek your relevant documents and instructions and will particularly consider technical defences (limitation periods, jurisdictional issues) and the possibility of a counterclaim.
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Also called Discovery, this process involves the exchange of the parties’ relevant documents. In the hands of others, this can be an expensive, drawn out process. Cochrane Leahy Litigation will identify the issues, ensure that the other side makes full Disclosure (and that you don’t Disclose anything that you shouldn’t). We will streamline the process as much as possible, if necessary, using electronic document management in larger matters.
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It may be necessary to obtain valuation, accounting, town planning, engineering or other expert evidence to support or defend a case. This process, if not properly managed, can inadvertently support the other side, not properly support your own case or even reveal your weaknesses. Cochrane Leahy Litigation will avoid these common mistakes, ensuring that your expert evidence hits the target, and that you obtain maximum value for the costs involved.
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Advice is a continuing process. However, once the above steps are completed, it will usually be possible to provide comprehensive, definitive advice regarding success. Cochrane Leahy Litigation will give realistic, pragmatic advice directed at resolving your matter in the best, most cost-effective manner, so that you don’t unexpectedly end up with nothing but your costs and the other side’s costs to pay. You won’t get overly optimistic advice prompting you to run a trial or take unnecessary steps where even if you win, you still lose financially.
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This is always the ultimate focus of our approach. Cochrane Leahy Litigation understands that the litigation process is merely a pathway to resolving a dispute. Sometimes it is necessary to run through all the above steps to get to this point, but if it can be achieved earlier at less cost, we won’t unnecessarily drag you through the entire process. The main resolution processes are:
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In many jurisdictions, the successful party is likely to be awarded costs against the other party. But that might mean that you recover about two thirds of your actual out of pocket expenditure. And such awards don’t apply in all jurisdictions – in QCAT the parties will usually carry their own costs, win, lose or draw. Cochrane Leahy Litigation understands and will explain the implications of costs issues in your particular dispute so that you understand the proportionality of costs, your risks and the possible rewards.
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Any settlement will be effected and any court orders explained and complied with. Because our policy is so communication driven, your final account will hold no sudden surprises. You will always be updated of every material issue or cost.
Experience the difference of our four point commitment:
Think about this four point commitment and compare it with your past experiences with other law firms. If they don’t match up, then consider calling Richard for a further explanation of how the four point commitment can work for you.
We can work on various bases – an hourly rate, fixed fees, capped fees, staged fees, etc. or in more routine matters use an independent costs assessor. We keep everything simple and clear. The approach will depend on the scope of the work. We will discuss what is most suitable in advance.
Our fees are competitive compared with partners in larger firms offering no superior service or advice. You will also be pleasantly surprised when our accounts show:
No annoying additional charges for petties (photocopying, telephone etc) – in some firms these can add 5% to the bill.
Where in our judgement (very short emails, nominal phone attendances etc) charging is simply unjustified, the line in your itemised bill will simply show No Charge.
The charges on your account will relate to the person to whom you briefed your matter. You won’t see any charges for duplication of effort or for lawyers who are effectively being trained on your matter.
We know that finding the right solicitor to represent you is a choice not to be made lightly. That’s why we offer a no obligation consultation about your dispute to consider your needs, your goals and your budget and whether we are the right choice.
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In the age of social media, words can make or break companies and
Australia’s construction sector is on the cusp of a significant shift in 2025
Richard Leahy recently presented to a group of solicitors on a variety of
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Jason Lawrence CLIENT