The new financial year is here and there is no better time to review your cases and engage a reliable firm like ADC legal to take the next steps to litigation.   The claim may have already been through the usual recovery process, either internally, or with a “no win-no fee” agent, still no recovery. Whilst most […]

Body corporates are management groups made up of the property owners within a plan of subdivision. They are responsible for the management and maintenance of the common property within a plan which is for the benefit all property owners.  The commencement of legal proceedings by a body corporate is regulated by legislation. Body corporates are ordinarily required to bring proceedings with an ordinary resolution or a special […]

Section 51 of the Insurance Contracts Act 1984 (Cth) (“ICA”) has shown us that third parties who have a claim against an insured, are now provided with an avenue to make a third party claims directly against the insurer. However, case law has shown that third parties bringing a claim under section 51 of the […]

A Post COVID-19 Legal Profession    “If you are a conventional lawyer and you’re not prepared to adapt to the 2020’s you’ll struggle to survive, but if you are entrepreneurial and enthusiastic, forward looking, open minded, then there’s probably never been a more exciting time to be in the law.” – Professor Richard Susskind.   […]

Author: Nathan Haynes What is a Calderbank offer? A Calderbank offer is in essence an offer of settlement without prejudice. They are however distinct in that they are ‘without prejudice’ with the exception of their use in relation to the courts calculations when awarding costs. If a Calderbank offer is made and it is not […]

Author : Suganyaa Vishnuraj Part 8 of the the Insurance Contracts Act 1984 (Cth) (“ICA”) governs subrogation within the context of insurance law. In short, subrogation within the context of insurance law, allows for an insurer to assume the rights and duties of an insured in order to bring a claim against a third party who […]

Author: Nathan Haynes of ADC Legal Receiving a claim against you is a stressful experience for everyone and it is important to have a clear understanding of how best to respond. What is a Statement of Claim? A Statement of Claim is the document used to initiate legal proceedings. It contains a summary of the […]

Author:  Elyssa Maragoudakis ADC Legal is frequently asked about what debt recovery methods are available when a debtor company does not pay money owed. Section 459E of the Corporations Act 2001 (Corporations Act) enables creditors to formally demand and pressure a company to pay a debt owed by issuing a statutory demand.   Changes to Statutory […]

Insurance claims recoveries, in this instance, refers to claiming back the cost of repairs for the insured’s loss from the at-fault party. Insurance claims recoveries is usually the very last process completed in the insurance claims process, however, actioning these early and efficiently can reap a host of benefits. The primary function of claims recoveries […]