As the operators of a small business, the partners of Blaxland Mawson & Rose recognise that one of the biggest threats to the survivability of any small business is the risk of bad payers or slow payers strangling cash flow. Our civil litigation practice is tailored to meet the needs of individuals and small to medium business enterprises in the timely and cost effective recovery of debts from defendants who either dispute their liability to pay bills or simply refuse to pay for no reason. Conversely we use the same skills to defend either individuals or businesses who find themselves on the end of an unreasonable claim for payment or damages, particularly when those claims are made by plaintiffs like banks, insurance companies or local councils, who attempt to use their superior economic resources to ground down their smaller opponents.

 

We believe that the keys to successful and cost effective commercial litigation are timely action and keeping commercial reality in mind.  When we advise defendants we will commence legal proceedings if payment is not received in 14 days we mean it and we follow through at every step of the debt recovery process by taking each successive step as soon as the Court rules allow us to. At the same time we realise that the legal costs of civil litigation can quickly outstrip the amount at issue and we remain constantly alert to the possibilities of a compromise settlement on commercial terms.

 

Mark Herbert heads the civil litigation team and combines his expertise as an accredited specialist in business law with 14 years of Court room experience in civil litigation. All of the other solicitors in the firm have litigation experience and we offer a broad range of services in the fields of:

• Debt recovery.
• Pursuing and defending money and other claims in the Local, District and Supreme Courts and in specialist tribunals such as the Consumer Trader and Tenancy Tribunal.
• Commercial Mediation.
• Farm Debt mediation.
• Unfair contracts.
• Disputes between parties to business enterprises such as partnerships and joint ventures.

 

We recognise that for many small businesses the costs of pursuing numerous relatively small debts can make the effort uneconomical.  For that reason we offer clients who need to pursue multiple small claims the opportunity to “bulk bill” so that our costs are limited to the amount of costs that the Court can award against the other party under its scale of costs. We also offer a first 30 minute consultation free and, in appropriate circumstances, payment on a contingency or “no win, no fee” basis.

 

 

 

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Cooma 6452 1266   Email: info@bmrlawyers.com.au Bombala 6458 3686   Email: bmrbom@bigpond.net.au