Property & Personal
Legal issues do arise throughout your life, whether you are entering into a property transaction, planning for your future or the future of your family, starting a business or commencing employment. We are here to assist you navigate the legal complexities that arise with such matters and provide you with the quality advice you need to safeguard your rights and achieve the best possible outcome.
We specialise in residential and commercial property transactions including:
- Sale and purchase of residential property
- Strata Matters
- Sale and purchase of business
- Sale and purchase of commercial property
- Commercial and retail leases and deeds of agreement to lease and lease
- Child care centres
Click here to find out how we can assist you with your property transaction, whether it be simple or complex
We are experts in estate planning and can assist in the following matters:
- Wills and Estate planning
- Enduring Power of Attorneys, Appointment of Enduring Guardians and Advance Health Care Directives
- Probate and Estate administration
- Contesting or challenging a Will
Click here to learn more about Wills and Estates and how we can offer our expert advice to guide you through the process.
We are also happy to assist in all other personal legal matters including but not limited to:
- Commercial and business advice
- Employment advice
- Parent to child loans
- Aged care planning
- Business Disputes
- Professional Negligence Claims
- Breach Of Contract Matters
- Franchise, Building/Construction, Shareholder Dispute Resolution
- Debt Collection
- Counsel & Advice
- Mediation & Negotiation
- Settlement Deeds & Conferences
- Claims Of Fraud
- Property disputes
- Lease disputes
- Child care law
Dettmann Phair Lawyers Roles & Responsibilities
We treat each case individually. Of course, countless variables can impact the trajectory or timeline of any given case. However, our commercial litigators will typically conduct the following:
- Comprehensive case evaluation & initial sit-down to discuss the scope of your case
- Draft & preparation relevant motions/pleads
- Exchanging all relevant information with the opposing party/parties
- Responding to an opposing lawyer or counsel’s complaint
- Providing you with transparency and up-to-date information surrounding the progression of your case
- Filtering all information given into a discernible argument to present in court
- Active representation in courtroom settings
- Necessary negotiation in the settlement phase
- Appeals (if required)
What Is Meant By ‘Breach of Contract’?
A breach of contract is one party’s failure to effectively fulfil contractual obligations that were previously agreed to by both parties. This breach occurs when a binding agreement between two or more parties is not honoured by one or more parties to the contract by nonperformance or interference with the other party’s performance of the agreement.
Can I File For An Appeal After The Case Is Complete?
If you believe the final ruling of your commercial litigation case is unfair or inaccurate – you may have the chance to appeal to a higher court. However, be wary, as a higher court can reject your application for appeal and apply a harsher penalty if they feel it necessary.
Is There A Difference Between Arbitration & Mediation?
While both operate under similar conditions and are commonly known as alternatives to straight litigation – there are some minor differences in the practices. Both approaches involve an objective third party to monitor and facilitate the process.
While both have the option to be legally binding, arbitration agreements are always legally binding and operate as an alternative to the trial process. On the other hand, mediation is more commonly utilised as a non-binding exercise and encourages disputing parties to have an open conversation with each other.
Arbitrators also take on the role of a judge in many respects, providing orders and reasons for those orders based on evidence and giving written opinions.