DID YOU KNOW?.....- the Government has now released the regulations and guidelines to enable you to make an ADVANCED HEALTH DIRECTIVE specifying what treatment you refuse in the event you are seriously injured? With the legislation about to become law, think now about whether you would like to make this choice yourself…. so the agonising decision to discontinue your treatment when all hope is gone is not left to your family! More about advanced health directives next issue!!

Court Costs Unaffordable?... perhaps not!

With Federal Attorney General McClelland emphasising the unaffordable costs of litigating in court, it’s important to remember that commercial disputes between parties can be minimised by one party proactively documenting agreements -whether for large commercial deals or for simple agreements like those you might make with your neighbour over a fence.

Documents are important evidence. Retaining invoices, insurance documents, bank statements and cheque butts is one easy step you can take to ensure that this evidence doesn’t have to be sought from third parties at your cost.

Confirming any agreement you think you made with whoever you have spoken to about the agreement is an ideal way to ensure a meeting of the minds. A short e-mail or even better a facsimile with a transmission confirmation which says; “I confirm our discussion and my understanding of our agreement which was that….... -Please revert to me if you have a different understanding of our agreement”.... is an ideal way to prove and enforce the obligations of both parties if there is ever a dispute in the future.

Before you blindly issue court proceedings, remember to get some advice about your likelihood of succeeding. I can’t even count the number of clients who think their case is a strong one but fail to produce any convincing evidence to prove this.

Remember - litigation isn’t just about winning the argument - it’s about getting paid! Suing a company and winning the court battle is a pointless exercise if there is no prospect of recovering your loss.

Ever heard of a personal guarantee? Well if you end up with a big debt you cannot recover from a company which went into liquidation or ceased trading, you will certainly wish your trading terms had included a personal guarantee by the director which would have given you the right to sell and recover your debt out of his personal assets!!

In business make sure your terms of trade are bulletproof so you can maximise the recovery rate for your debts!

Remember the Legal Information Desk service is free for 20minutes of legal advice before you start spending up big on a claim you maybe can’t win. Bring your terms of trade in for review, or just utilise this appointment to check something before it costs you big money!

Bruce Havilah

Related Havilah Legal service(s): Commercial Litigation