Representation at Courts & Tribunals - State & Federal Ombudsman
As a business grows there will be times when an employee who feels disgruntled or you have had to forcibly remove for whatever reason will go to the extreme to sue their former employer. In those instances most of the time matters can be settled via pre conference without prejudice discussions, without prejudice exchange of correspondence, conciliation conference or mediation.
We always strongly recommend to engage lawyers as soon as possible and at the very least once an application has been served on you. Keep in mind the earliest a lawyer for employers is involved, the better chance you have at a resolution which is both practical and commercial. However there are times when matters will proceed to litigation due to strategy, the other side’s intent or actions, value in doing so or put simply, litigation is the last resort.
NB Lawyers, lawyers for employers are experienced litigators in the Queensland Industrial Relations Commission, Fair Work Commission, ADCQ, Magistrates Court, District Court, Supreme Court, Australian Human Rights Commission, Federal Magistrates Court and Federal Court. Litigious proceedings will usually include:
- Providing advice on prospects of success – with a recommended course of action based on strategy, practical experience and commercial value and purpose
- Preparing a response or defence to an application
- Taking affidavits and/or witness statements
- Establishing legal arguments, common law and case law research and undertaking an outline of arguments
- Instructing Counsel (Barrister) if required
- Attending to and advocacy in conferences including conciliation conferences and mediations
- Advocacy in tribunals and courts
- Advising on different aspects on a proceeding including without prejudice discussions, correspondence and offers, witness evidence and credibility, preparation for court proceedings and logistics of court matters
Litigation can be draining both emotionally and financially we always try and get the best for our client and fight for their best interests so they can continue to grow their business.