Regrettably from time to time businesses and individuals get sued. Usually the first notice of this arises when legal proceedings are served. Even if you do not dispute the claim, you should seek legal advice, because it may be necessary to still negotiate with the plaintiff. The important thing is that you do not put the documents in the “too hard basket”. You must act immediately.
Receiving a Subpoena can be a nuisance, but because it is effectively a Court Order, its receipt should never be taken lightly.
Warning for principals, developers and owners: Financial risks in wrongfully ending a construction contract
A recent decision handed down by the Supreme Court of Victoria (Court of Appeal) considered whether a claim for the “value of work” done by a contractor, as opposed to a claim for damages pursuant to the contract, is available to a contractor who terminated a contract because of the principal’s repudiation of it.
In these difficult financial times, insolvency is expected to increase. In a recent discussion paper, the Attorney-General’s Department has outlined the proposed amendments to the Bankruptcy Act 1966 which are due to be introduced into Federal Parliament in June 2009 and which may give some hope to both debtors and creditors.