What to do if you have received a Statement of Claim?
If you have received a Statement of Claim, you are the defendant, or respondent, and have a limited time frame to respond. If you do not respond, the plaintiff/applicant will be able to obtain judgment against you and may seek damages etc from the court.
You should obtain legal advice from a qualified and experienced commercial litigation lawyer as quickly as possible. They will assist in breaking down the claim and can assisting you in responding to each element. Sometimes this may involve making a counter-claim against the plaintiff.
The claim will no doubt outline the other party’s version of events and you have the chance to respond to their claims.
Your lawyer will be able to give you an opinion on your case and the likelihood of success. This can determine how you wish to proceed and handle the matter.
A lawyer may also engage a barrister for their opinion on your case. A barrister will assist in the more detailed aspects of the legislation, drawing on their extensive case knowledge.
If you don’t settle the matter at this stage, you will need to attend mediation early in the proceeding, and certainly prior to trial. This is another opportunity to negotiate and settle the dispute before it goes to court. Most disputes settle at mediation.
If a dispute proceeds to court it will be heard before a judge to determine an outcome. If the parties are unsatisfied with the outcome, and there are points of appeal that can be pursued, a party may consider an appeal.
Just being unsatisfied with the result does not give you the right to appeal a judge’s decision: there must be legal grounds. The grounds for an appeal must be carefully considered.
Call us today on 1300 907 335 or alternatively, contact us using our enquiry form and we will respond to you promptly.
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