Disputes, in and out of court.
Litigation run from the first letter to judgment, settlements that hold, property, debts, costs and responses to regulators, with every document, date and step on the file in full view.
Commercial litigation
Court proceedings in commercial matters in the New South Wales and federal courts, from the first letter to judgment and enforcement. Litigation turns on preparation and on knowing when to stop; both start with the documents.
Gather the documents and build the chronology, then tell you plainly where the case is strong and where it is not.
Negotiated resolution and settlements
Most disputes settle. The questions are when, and on what terms. Negotiation, mediation and a settlement deed that is enforceable and leaves nothing open are the end of the dispute, not a pause in it.
Work out what a good outcome looks like for you, in money and in time, before anyone makes an offer.
Property disputes
Disputes over land, leases, caveats and property contracts: a buyer or seller who will not complete, a tenant or landlord in breach, a caveat on title that should or should not be there. Property has its own rules and its own timetable.
Check the title, the contract and the notices served so far, because the steps already taken usually decide what can happen next.
Debt recovery
Getting paid: a letter of demand, security over assets where it exists, proceedings where it does not, and enforcement when judgment comes. The economics are set early: what the debtor has, and what it costs to reach it.
Find out what the debtor owns and whether you already hold security, and advise whether recovery is worth pursuing.
Costs disputes and assessments
Challenging or defending a legal bill through the costs assessment process under the Legal Profession Uniform Law. Clients, third-party payers and law practices each have rights, and the time limits apply to all of them.
Read the bill and the costs agreement against the disclosure that was given, and identify where the bill is exposed.
Regulatory responses
Responding to a notice, inquiry or investigation from a regulator, with the record intact. A regulator's request has a deadline and a scope, and an answer that is late, incomplete or wider than it needs to be creates its own problems.
Fix the deadline, define the scope of what is asked, and secure the documents before anything is said.
Fees to fit the matter
We are open to a range of fee models: fixed, capped, staged, hourly or a blend. We settle the right one with you, in writing, before work starts.
Gaurav de Fontgalland has practised for more than twenty years, including as an equity partner at two BigLaw firms, and founded Fontgalland Lawyers in 2010. He acts for clients across Australia, Asia, Europe and the United States.
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