Mark Frampton
Principal
Lawyer 1987 - present


CONTRACT DISPUTES

Litigation and dispute resolution is an everyday part of doing business with both traders and consumers. Each doing their best to advance their own interests.

Your first thought should be risk management and damage minimisation.

You need to manage the risk that there will be a dispute, that you will be sued or need to sue another to enforce your legal rights. Plan for the worst and be pleasantly surprised when it does not occur or you have correctly anticipated and have the appropriate countermeasures in place. An ounce of prevention must be better than a pound of cure is right on the mark.

You need to be proactive rather than reactive. Do not leave it until, the dispute arises, has grown and then overtakes you.

To minimise your risk that their will be a dispute is achievable with appropriate and early advice and competent, clear and precise written contract documentation. Too many people undertake substantial business without a shred of paperwork setting out explicitly what they have agreed to and hope to achieve from their contract or not given a moment's thought to what will happen when the other party innocently or much worse, intentionally and strategically gives you less than what you bargained for or comes up with a different understanding of the deal.

You also need to minimise the damage that disputes and litigation can cause in terms of the financial, legal, time and emotional cost to you. Each can be significant.

It is valueless to spend more that the disputed amount on legal and litigation costs. To avoid this you need a practical strategy for dispute resolution from the outset, your very first appointment and a clear and comprehensive estimate of the costs and time frame for resolution.

Frampton Legal has:

• A strong market reputation for effectively and economically dealing with contract disputes before litigation is commenced, at court or in alternate dispute resolution forums such as mediation and arbitration.

• Core expertise and a proven track record over 24 years.


Level 1, Tower 1
Southport Central
56 Scarborough Street
Southport, Qld 4215

T: 07 55283155
F: 07 55263092
E: mark@framptonlegal.com.au