Sutherland Lawyers

We resolve over 85% of construction conflicts without the need for costly litigation. Our strategies let our clients stay in charge of the dispute resolution process. We are specialists at both writing and reviewing all construction contracts. This ranges from contracts for residential construction to building contracts for major infrastructure projects. We are industry experts with over 40 years of experience dealing with residential, commercial, and industrial construction legal advice and building disputes.

Our clients include builders, contractors, homeowners, engineers, property developers and body corporates. We have substantial experience in each stage of the building process, including pre-contract negotiations, drafting and review of construction contracts, negotiations and review of finance contracts, legal advice regarding construction claims and debt recovery and dispute resolution including adjudications and litigations in courts and tribunals.

The construction lawyers at BSM Sutherland lawyers have worked on projects, from small and medium-sized construction projects to infrastructure projects worth over $1 billion. BSM’s Sutherland Construction lawyers have provided legal advice, contract drafting, and dispute resolution services for major projects including the Sydney Airport Corporation's runway extensions, Sydney Ports Corporation's Enfield Terminal redevelopment, Barclay Mowlem's (acquired by Laing O'Rourke) rail constructions and civil works and Xstrata Coal's rail line to a mine in Queensland.

Our Sutherland building lawyers have the experience, skills and commitment to provide world class legal advice at a fraction of the price of large city firms.

Pre-Contract Negotiations

Contract drafting and administration issues frequently result in construction disputes. We work to prevent disputes through in-depth, authoritative advice, collaborative drafting, and administration. Our Sutherland lawyers will engage in active negotiating to remove any unreasonable risks. We'll ensure there are no unanticipated price increases, that you have effective control over the construction process, and that the payment schedule matches the state of the job.

Construction Contract Drafting and Review

Our Sutherland construction lawyers have extensive expertise in contract drafting. We take care to cover the following topics: addressing risk and allocating responsibility; instructions and variation provisions; quality assurance and inspection provisions; liabilities and insurance; delays and time extensions; and payment and potential disputes. Our specialists can provide guidance on the relative merits of different approaches to allocating risk and responsibility during the contract-drafting process. Sutherland BSM lawyers are familiar with the standard forms created by the Australian Standards (AS) and the Housing Industry Association (HIA). We will also carry out an independent assessment of your contract, regardless of where it was drafted. We'll review the terms of the agreement and what they mean for you, point out any clauses that might be problematic, and negotiate with the other parties and their lawyers.

General Building and Construction Legal Advice

The contract must be properly drafted, amended, and executed with the consent of all parties after it has been drafted. Changes, delays, extensions, insurance issues, payment claims, information demands, corporate and director disputes, and poor work are just a few of the numerous potential problems. Our Sutherland building lawyers can provide contract administration advice to help you to avoid these problems.

Construction Claims

BSM Sutherland construction lawyers are knowledgeable about the Building and Construction Industry Security of Payment Act (SOPA), which was introduced in 1999 to reduce late or non-payment for work in the construction industry. It offers a way to get paid for labour for builders, contractors, subcontractors, architects, engineers, surveyors, and designers. Although it is quick and inexpensive, some specific standards and deadlines must be met. We can advise and represent you throughout this process, including the preparation of payment claims, payment schedules, adjudication applications, and defences. Our Sutherland lawyers are also adept at enforcing verdicts and judgments.

Home Building Disputes

Our BSM Sutherland lawyers can offer legal remedies like specific performance, injunctions, damages, and rectification orders to resolve building and construction disputes. The majority of our disputes are resolved outside of court using a variety of alternative dispute resolution methods. When a dispute can be resolved through negotiation, we will make sure you are aware of your rights before developing a strategy. We will also go over your legal rights and responsibilities as established by construction contracts and legislation.

Dispute Resolution

Construction-related disputes can sometimes involve defective construction, variations, delays, and payment issues. Our Sutherland lawyers take satisfaction in being able to resolve at least 75% of conflicts without the need for expensive litigation. There are numerous ways to resolve disputes, and our Sutherland construction lawyers work hard to identify practical, creative, and financially advantageous solutions suited to your situation. Throughout any dispute resolution process, including mediation, expert determination, and arbitration, we will offer advice and represent you. On your behalf, we can also make legal demands such as a Letter of Demand, Notice to Comply or "without prejudice" proposal. If alternative dispute resolution is unable to resolve your issue, our lawyers can represent you in court.

Debt Recovery

Our Sutherland lawyers are very familiar with The Building and Construction Industry Security of Money Act (SOPA), which provides a procedure for recovering money for the services performed by builders, contractors, architects, engineers, and surveyors.  We can offer you advice and representation throughout this process, assisting you in preparing payment plans, claims, adjudication applications, and defences. We can enforce decisions made by judges and adjudicators. A letter of demand, statement of claim, garnishee order, writ for levy of property and litigation are additional legal ways to recover unpaid debt.

BSM recovers over 90% of debts without needing court or mediation. We can help collect the money that is owed to you.

Our team has extensive courtroom experience and handles all debt collection cases without the need for a barrister, thus saving you money. After a judgment has been rendered, our Sutherland lawyers will employ legal enforcement tools, including writs, garnishee orders, bankruptcies, and insolvency.

Letter of Demand

The first, most expedient and least expensive course of action is to prepare a letter of demand. This demonstrates your seriousness and the possibility that you will take additional legal action if payment is not received. The experienced debt recovery lawyers at BSM Sutherland can prepare this letter in just a few days. We recover more than 75% of loans this way.

Statement of Claim

A statement of claim is issued if payment is not made after a letter of demand is issued. It is filed with the court by your lawyer and served on the debtor as a legal document that initiates legal proceedings. Once served the debtor has 28 days to pay or file a defence. This often results in payment or negotiations towards payment of the debt. If the defendant does not submit a defence to the court, our Sutherland lawyers can request a default judgment.

Default Judgement

This is a judgement awarded by the court, which is recorded on the debtors credit file and allows the creditor to enforce the judgement.

Enforcement of Judgement

Once the debtor receives a judgement from the court, they usually pay the debt. However, if they refuse, the debt recovery lawyers at Brander Smith McKnight Sutherland lawyers can use debt enforcement methods to recover your debt. These include garnishee orders, writ for levy of property and bankruptcy.

• It is very useful to know that by law, once you have obtained a judgement from the court, this judgement is valid and available for enforcement for 12 years.

Litigation

The term litigation is used to describe court proceedings, including the gathering and serving of evidence as well as the hearing of the matter. The courts each have their financial jurisdiction, depending on the amount of money owed. Brander Smith McKnight Sutherland lawyers regularly appear in all courts without the additional cost of a barrister. However, if one is required, we have a panel of barristers available that we can call upon. The majority of BSM’s debt recovery cases are successful without the need for litigation.

Bankruptcy and Insolvency

Where a judgment debt surpasses $10,000, the debtor may be bankrupted for a failure to make payment. This approach is suitable when the debtor is a person (as opposed to a business) and the sum owed is significant. Only companies can become insolvent, not people. A statutory demand may be issued to a company when a judgment debt reaches $4,000; if the company doesn't reply, it will be assumed to be insolvent. A liquidator may be chosen so that they can pay creditors with any available funds. Our lawyers can help you navigate the challenging and intricate legal processes associated with bankruptcy and insolvency. For more information see our article on bankruptcy and page on bankruptcy.

BSM's Sutherland expert criminal lawyers appear in court every day of the week – including the Local Sutherland Court, the District Court, the Children's Court, the Criminal Court of Appeal, the Coroner's Court and the Bail Court. Our criminal lawyers have represented and advocated for clients in all kinds of criminal cases including drink driving, assault, domestic violence, sexual offences, drug possession, drug importation and property offences.

Our Sutherland criminal defence lawyers are extremely experienced and run most court matters without the need for a barrister. For serious criminal matters, however, we have a panel of barristers we can engage. You can be confident that your rights will be fiercely protected and that we will fight tirelessly for you.

We can assist you with:

1. Assault and Affray Offences
2. Drug and Alcohol Offences
3. Robbery and Larceny Offences
4. Domestic Violence Offences
5. Sexual Offences
6. Firearms Offences

Bail Applications and Criminal Appeals

It is essential to seek legal advice if you come in contact with the police or are arrested or charged. Our Sutherland criminal lawyers are here to support you. You may come in contact with the police in the following ways:

Police Interview

Your first encounter with the police will likely be when they attempt to interview or arrest you. Legal advice should always be sought before agreeing to an interview. The police acknowledge this and once you ask, will provide your with the opportunity to contact a legal representative.

Search and Detention

Police must suspect on reasonable grounds that you are in possession of stolen or unlawfully obtained items before they can stop, search or detain you. They may also suspect that you are in possession of a dangerous item that is, was or is intended to be used in connection with an indictable offence. If the police have reason to believe that you are carrying an item that may endanger someone or may be used to escape from custody, they have the right to search you after you have been arrested. They may also do this if they suspect on reasonable grounds that you are in possession of an item that has or will be used in an offence. They must tell you the reason for any search.

Police Powers of Arrest

According to Section 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), the police have the right to arrest you without a warrant if they suspect on reasonable grounds that you are committing or have already committed a crime and that doing so is necessary for a specific reason (such as preventing you from committing another offence).

Detention and Bail

If you are arrested and charged by the police, it is essential that you seek legal advice so that you can quickly make an application for bail in court. Section 16 of the Bail Act 2013 (NSW) stipulates that certain offences require the accused to show cause as to why they should be granted bail.

Brander Smith McKnight criminal lawyers can offer you guidance on how to address charges, develop a strategy for your defence, and explain the likely outcomes of any course of action. The appropriate course of action will depend on the type of charge, the circumstances of the case, the evidence at hand and any prior criminal convictions.

We understand the end of a relationship is a stressful time with many hard decisions, often involving children, property and domestic violence. Our Sutherland family lawyers will help you through the challenging process, advise you, rigorously represent you and make sure no one takes advantage of you. We are proud to settle 95% of our cases without going to court. If required, our family lawyers will confidently represent you in the Family Court, Children's Court and the Federal Circuit Court. Our Sutherland family lawyers are also proficient in drafting binding financial agreements and pre-nuptials. We remain up to date with current legislation so we can provide the absolute best advice and service for our clients. Please see our article on the Impact of the Family Court Merger.

Divorce and Separation

Marriages can be ended legally through a divorce. Brander Smith McKnight Sutherland family lawyers have extensive knowledge in the areas of law related to divorce, such as separation, child custody and support, property division and financial services.  The gravity of a failing marriage and the need to handle divorce cases sensitively and deliberately are understood by our team. Our Sutherland divorce lawyers are committed to helping you navigate the often difficult divorce process as swiftly and as smoothly as possible.

Child Support and Parenting Agreements

Following a divorce or separation, child support is used to ensure that children's needs are met and that both parents honour their commitments to support their children financially. A parenting arrangement, often known as a custody arrangement, specifies how children will be looked after if their parents' divorce. It should include details such as how frequently children will see each parent, where they will reside, how parents will communicate and make decisions together and how parents will share responsibilities.

Making parenting arrangements and organising child support can be challenging and complicated. Our family lawyers in Sutherland have extensive experience with parenting and custody matters and can provide advice, negotiate arrangements on your behalf, or defend you in court. This will save you time, stress and energy.  We have several helpful articles on family law, including spousal maintenance.

Property Settlement

The formal division of assets following a separation is known as a property settlement. Our Sutherland family lawyers can guide you through this process and make sure you get what you are entitled to. Our team will make sure that whatever stress you're under doesn't lead you to make a choice you'll later regret.

Wills and Estate Planning

To make sure that the management of your assets and interests after your passing follows your wishes, our skilled lawyers will prepare air-tight legal documents. With a well-drafted and personalised will, future legal disputes can be avoided. Your possessions will be distributed fairly, and your loved ones won't be burdened with unnecessary debt.

Family Dispute Resolution and Mediation

After a relationship has ended, disputes can be settled through family dispute resolution (FDR), which includes negotiation through lawyers, collaborative practice, mediation, conciliation or arbitration. Separated families are required to take part in FDR and, in cases of parental disagreements, must make a genuine effort to resolve the dispute before pursuing litigation. 95% of the divorce cases BSM handles are settled out of court, saving you money, time and stress.

Domestic Violence (ADVO) and (AVO)

Apprehended Violence Orders (AVOs) are court orders designed to safeguard domestic violence victims. AVOs come in two forms: Apprehended Personal Violence Orders (APVOs), which are for anyone dealing with violence or intimidation from others, and Apprehended Domestic Violence Orders (ADVOs), which are for those in domestic or intimate relationships. These behaviours include assault, intimidation, contact with the protected person, and travelling to the protected person's home. AVO applications can be made by either the person in need of protection or the police, though the police typically file them on their behalf. Our Sutherland lawyers can assist by making an application on your behalf.

Same-Sex Couples Matters

Our team of family lawyers at Sutherland Brander Smith McKnight are experienced in matters related to same-sex couples, such as same-sex divorce and establishing legal parentage. We can advise and represent you through what can be a complex area of family law.

De Facto Relationship Matters

De facto couples can seek legal assistance for the same family law matters that married couples face. BSM Sutherland lawyers can help you with all matters pertaining to de facto relationships, including parenting orders, property settlements and formally registering your relationship.

Binding Financial Agreements and Pre-Nuptials

Prenuptial agreements allow parties to determine in advance how much money and property will be divided in the event of a relationship's breakdown. These can offer peace of mind to the parties and a way to avoid the expense, time, and stress of settling financial disputes with a former spouse. BSM Sutherland lawyers can assist you in drafting or reviewing a detailed, legally sound agreement that reflects your intentions.

Court Consent Orders

A consent order is a written agreement that parents jointly draft outlining the parenting arrangements for their children. Parties may apply to the Federal Circuit and Family Court of Australia for consent orders (FCFOA).  The family lawyers at Brander Smith McKnight Sutherland are able to assist with this application.

With decades of experience and world-renowned clients, our Sutherland business lawyers are leaders in their field. Our team provides expert legal advice to all different types of businesses, from start-ups and small businesses to large companies. We are proud to have developed enduring, committed relationships with our clients based on trust, professionalism, and exceptional commercial results.

Brander Smith McKnight Sutherland offers a variety of responsive, client-centred, and fairly priced services to businesses. We can assist you with:

Business Startup

BSM's Sutherland business lawyers can help you navigate the often challenging process of starting a business. We provide tailored legal advice and support about contracts, employees, business structures and legal requirements. We have the skills to mitigate business risks and maximise your business’ commercial success.

Pre-Contract Negotiations and Business Contract Drafting

Our expert Sutherland lawyers can draft and negotiate your business contracts to safeguard your commercial interests. Our team will negotiate the details of your business agreement to protect you from unfair clauses that, if overlooked, could cause severe financial losses. We will draft thorough and legally effective business contracts to manage business risks, avert potential disputes and preserve your commercial interests. For more information, see our article on Business Contracts.

Business Contract Review and Enforcement

Our team of lawyers can review, amend, and enforce business contracts. To avoid future legal problems, we will evaluate contracts before you sign and are bound to their terms identifying problematic clauses and ensuring you understand the terms and the legal rights and obligations. BSM Sutherland lawyers will also assist you in enforcing the terms of your business contract should they be breached by utilising different legal options, including damages and injunctions.

Director's Duties and Disputes

The skilled business lawyers at BSM Sutherland lawyers can provide advice on the legal and fiduciary duties imposed on directors by legislation and common law as a result of relationships of trust and confidence. Directors who break the law expose themselves to serious legal consequences, including fines, disqualification and even gaol. The severity of these fines emphasises how important it is to get legal advice on directors' duties. For more information, see our article on Directors Duties. Brander Smith McKnight Sutherland lawyers can also advise you on how the solvency of a company impacts a director's rights and obligations.

Shareholder Agreements and Disputes

BSM can advise you on your rights as a shareholder, including how to enforce and protect them. Our Sutherland legal experts can also provide guidance, if for instance, a director feels their duties have been breached or if they disagree with a business decision. Through comprehensive and efficient shareholder agreements and company constitutions, the risk of shareholder disputes is mitigated. For more information, see our article on the difference between shareholders and directors.

Commercial and Retail Leases

We have extensive expertise in preparing, negotiating, and finalising leases for residential, retail and commercial leases. Our Sutherland commercial lawyers will make certain that your transaction is completed affordably and safely. We have extensive experience representing lessors and lessees when structuring leases and resolving lease disputes.

Bankruptcy and Insolvency

We can help you navigate the challenging legal processes involved with bankruptcy and insolvency. Brander Smith McKnight Sutherland business lawyers can provide advice on options for fundraising, business restructuring, receivership, and liquidation. If your business is suffering financial problems, we can also offer expert legal advice to creditors to help safeguard your interests and financial position.

It is helpful to group the different types of property disputes in the following categories:

1. Neighbourhood property disputes which includes disputes over trees, easements, fencing and retaining walls.
2. Property disputes between individuals who own property together, for example forced sale.
3. Family property disputes following the breakdown of a marriage or de facto relationship, expertly managed by BSM's family lawyers.
4. Construction work property disputes such as easements, encroachment and access for workers, expertly managed by BSM's building and construction lawyers.
5. Property disputes concerning off the plan purchases

The property dispute lawyers at BSM Sutherland law firm can decrease the risk of disputes by drafting, reviewing, and amending real estate contracts before you sign them. If a dispute does occur, we can advise you on the relevant legislation, outline your choices and represent you in arbitration or court.

Neighbour Property Disputes

There are many issues between neighbours that create the basis for a neighbourhood property dispute. As a result of this there are multiple pieces of legislation relevant to different problems. BSM Sutherland lawyers are able to provide expert and detailed advice on these areas of legislation, which include:

1. Disputes over Trees Trees and hedges can be the cause of disputes between neighbours. Disputes between neighbours relating to trees and hedges are governed by the Trees (Disputes between Neighbours) Act 2006 (NSW). The effected neighbour may apply to the court for an order to have the trees trimmed or removed to remedy the obstruction.
2. Disputes over the granting of Easements An easement is a right attached to a piece of land which bestows upon the owner or occupant rights over another piece of land. An example of an easement is a shared driveway which allows residents access to their homes by crossing the property of their neighbours. The Conveyancing Act, Section 88k 1919 (NSW) allows that a property owner can be forced to provide an easement to their neighbour if it is reasonably necessary for effective development.
3. Disputes over Fencing Fencing disputes in NSW are governed under the Dividing Fences Act 1991 (NSW) which provides an effective framework to resolve disputes.
4. Disputes over Retaining Walls Retaining wall structures have the principal function of holding up the ground in a structurally satisfactory manner. In some instances, retaining walls are considered to be fences and neighbour disputes are covered by the Dividing Fences Act 1991 (NSW). For example, a retaining wall may be considered a dividing fence where it functionally supports a fences fence posts. On the other hand property disputes regarding defects, construction and maintenance of retaining walls are governed by the Home Building Act 1989 (NSW) and the Environmental Planning and Assessment Act 1979 (NSW). For more informative, please see our interesting article on Liability for Deteriorating Retaining Walls.
5. Disputes when there is an accusation of Nuisance 
6. Disputes when there is an accusation of Trespass 
7. Encroachment of Buildings Encroachment is the crossing over or intrusion onto a neighbour's land by a building or structure. This may be either above or below the ground. The relevant legislation that deals with this is the Encroachment of Buildings Act 1922 (NSW). Possible solutions to this dispute may include compensation, the transfer or granting of land right to the encroaching owner and the removal of the encroachment.

The property dispute lawyers at BSM Sutherland are very knowledgeable and have extensive experience with neighbourhood property disputes. Our lawyers are expert negotiators and pride themselves on providing a premium service that will save you money and time. The overwhelming majority of our disputes are settled with negotiation with the opposing lawyer or client. For an overview of neighbour disputes please see our informative article.

Individuals who own Property Together

Forced Sale Family members, friends and business associates often own property together. Sometimes one party would like to sell the jointly owned property and their co-owners refuse to sell. Where agreement for sale cannot be achieved a person can make an application to the Supreme Court, to order a sale of the entire property. For further information on co-ownership property disputes, please see our article on Section 66G : How Property Disputes are Resolved. In the vast majority of cases, these matters are resolved by negotiation by our experienced property dispute solicitors, thus avoiding court for our clients.

Off the Plan Purchase Disputes

An 'off the plan' property involves the purchase of a property that is planned, but not yet built. Disputes commonly arise in relation to these purchases and it is essential to have good legal advice prior to signing any contracts. For example, a developer or builder has the right to modify the design of the building within certain parameters. These parameters should be clearly defined and understood by the buyer. Sunset clauses commonly cause property disputes. These allow either party to terminate a contract when a building doesn't reach practical completion by the sunset date. This may seem fair, however in a market where prices are increasing this creates an incentive for the developer to delay the project and terminate the contract. For more information on off the plan purchases, please see our informative article.

Compare our costs; we have a competitive fixed fee for Wills. Our Sutherland lawyers listen attentively to your needs and wishes before providing guidance on the most appropriate documents and structures. This guarantees that your assets and interests will be distributed per your preferences after your death and that your legal wishes and affairs are handled as you wish while you are still alive.

Brander Smith McKnight Sutherland estate lawyers carefully draft your documents, giving you the chance to review them before they are finalised. Well-constructed and tailored legal documents will prevent future disputes and ensure that your wishes are followed. Additionally, our lawyers offer professional legal advice and advocacy for executors and claimants in any estate, including the granting of probate, letters of administration and distribution and contested estates. We are experts in:

Will Drafting

Our team has a wealth of expertise in drafting thorough, water-tight Wills. We will make sure that your wishes are followed while managing your assets and interests after your passing. This will guarantee that your possessions are distributed fairly, that future disputes are avoided, and that your loved ones won't have to bear needless financial burdens. We can also make changes to your will to reflect your most recent circumstances and intentions.

Will Disputes

When Wills are poorly drafted, parties feel left out of the Will, or parties believe a Will's provisions are insufficient, Will disputes may arise. This may also occur if the executor is deemed unfit, the Will is found to contain errors or the Will's legitimacy is challenged. Since there are deadlines, you must act immediately to obtain legal advice if you want to contest a Will. The lawyers at BSM Sutherland can assist you.

Probate and Letters of Administration

A Will must be proved for the Supreme Court to provide the executor of the estate permission to act on their behalf. Probate is the term for this process. Our Sutherland estate lawyers can assist if you are the executor of the Will and the maker (the testator) has passed away by making an application for probate with the Supreme Court of NSW. We can then act on behalf of the estate to distribute funds to the beneficiaries. If a person dies without a Will (known legally as “intestate”), our lawyers can apply for letters of administration, which provide authority to act on behalf of the estate.

Power of Attorney and Enduring Guardianship

A power of attorney is a legal document that gives another person or people—referred to as the attorney—the authority to act in your place in financial and contractual matters. The designation of a person or people to make decisions regarding your lifestyle and health on your behalf when you are unable to do so is known as enduring guardianship. Our Sutherland estate lawyers can help you draft effective power of attorney and enduring guardianship documents. We will make sure they are comprehensive and legally binding.

Estate Planning

The structure for distributing your assets after death is provided by an estate plan. An estate plan, which includes but is not limited to a Will, can be used to manage things like family trusts, liabilities, and powers of attorney. BSM lawyers are experts in estate planning and can help give you peace of mind.

Family Trust and Asset Protection

A family trust is a specific type of discretionary trust that families create to keep family assets (such as a home or a business) with the family members as beneficiaries. The benefits of this type of trust include tax advantages, asset protection, and beneficiary income. Our Sutherland estate lawyers have extensive experience in establishing and maintaining commercially advantageous trust structures.

The civil and commercial litigation lawyers at BSM Sutherland routinely resolve disputes in and out of court.

Although "litigation" refers to the legal resolution of disputes in court, in practice, many of these disputes are resolved outside of court through methods like interlocutory applications and other types of alternative dispute resolution. 90% of the civil litigation cases we handle are resolved without the need for a formal hearing.

Should your matter proceed to trial, Brander Smith McKnight Sutherland lawyers have a wide range of experience in Local, District, Federal and Supreme courts as well as tribunals and arbitrations. Our team of knowledgeable lawyers will tenaciously fight for you.

Commercial Disputes

Commercial disputes are business disputes, including those involving companies, partnerships or sole traders. These could relate to contracts, debt recovery, finance documents, intellectual property, insolvency, building and construction disputes, employment disputes or director and shareholder disputes.

Non-Commercial Disputes

Non-commercial disputes and disputes between individuals as opposed to business entities.

Civil Litigation

Civil litigation is an umbrella term for disputes involving both people and companies. It includes the commercial disputes already described as well as defamation actions, torts (private legal actions brought without a contract), and legislative proceedings (for example between neighbours).

Alternative Dispute Resolution

Alternative dispute resolution (known as ADR) involves methods of resolving legal disputes out of court. This includes negotiation, conciliation, mediation, arbitration, and adjudication. ADR can help you to avoid the time, stress and cost of litigation. See our section below on Dispute Resolution Law.

Litigation

Litigation is the process of resolving disputes in court. BSM’s Sutherland civil litigation lawyers will meticulously prepare, file and serve a statement of claim, represent you at the directions hearing and take care of all other formalities, such as arranging lay and expert evidence.

In addition to the previously mentioned ADR methods, we employ negotiating strategies like offers of compromise and interlocutory applications to our clients' benefit and strive for a quick resolution with minimal costs.

At least 85% of business disputes are settled by skilled lawyers at BSM Sutherland without resorting to costly litigation. There are numerous ways to resolve disputes, and we make a significant effort to identify those that are most appropriate for your specific situation while still being practical, creative and commercially advantageous.

Most cases can be resolved by our lawyers through negotiation. If your matter goes to court, our lawyers will vigorously advocate for you, saving you the added cost of a barrister.

Negotiation

Negotiation is an informal process for resolving disputes where the involved parties discuss the issue and attempt to reach a compromise. Our Sutherland lawyers will advise you on your legal rights, carefully consider your concerns, and develop a negotiation strategy that is suitable for your situation. This could entail correspondence, settlement proposals or client and lawyer meetings.

Mediation

Mediation is a process in which an impartial mediator helps parties resolve their conflict by facilitating communication and helping to find a mutually beneficial solution. Mediators must maintain their objectivity as it is a private process. Your lawyer may be present during mediation.

Conciliation

Conciliation is similar to mediation, however, unlike a mediator, a conciliator may play an advisory role in the content and resolution of the dispute. Conciliation is a private, voluntary process, similar to mediation, that aims to resolve disputes amicably. A conciliator cannot make a legally binding decision. Your lawyer may be present during conciliation.

Arbitration

The most formal alternative to litigation is arbitration, which enables parties to have their dispute resolved by a third-party arbitrator (or sometimes a panel of arbitrators). Arbitration is a private and sometimes confidential process where disputing parties present arguments and evidence that the arbitrator evaluates before making a decision or award. The award is binding and enforceable. Your lawyer may be present during the arbitration.

Adjudication

Adjudication is a type of arbitration that can be used to resolve payment issues quickly under the Building and Construction Industry Security of Payment Act 1999 (NSW), also known as SOPA. Adjudication and arbitration both regularly involve representation from dispute resolution lawyers.

Expert Determination

Expert determination is a method in which an impartial expert on the issue of a dispute is consulted. The expert hears from the parties and evaluates their arguments before making a final and binding determination (subject to any contract between the parties regarding the expert determination). It is often used to resolve technical disputes such as design, construction and complex financial issues.

Litigation

Litigation is the process of resolving disputes in court. The team at BSM Sutherland will always aim to resolve disputes early as litigation is the most formal and expensive route. Litigation involves developing a strategy that may include techniques like ongoing negotiations, formal offers of compromise and interlocutory court proceedings.

At Brander Smith McKnight Sutherland, we offer a fixed fee for conveyancing, with all work performed by lawyers, not conveyancers. As a result, we can handle situations where a dispute may occur. Our Sutherland property lawyers will ensure that you stay informed during each stage of what can be a stressful process.

Conveyancing

The conveyancing lawyers at BSM Sutherland have experience with purchasing and selling a variety of properties, including residential, commercial, and off-the-plan homes. We can help you with matters like buying property, selling property; buying off-the-plan property, put and call options; and related party transfers.

Commercial and Real Estate Leases

Our team has substantial experience with non-residential leases in the Sutherland Shire and can review your contract, identify any potential problems or discrepancies and negotiate the best terms for you.

Strata

A strata is a residence that has been divided into "lots," such as an apartment, townhouse, or villa. When you buy a 'lot', you also become a co-owner of any adjacent common property. Common driveways, exterior walls, roofs, gardens, and stairwells may fall under this category. The party selling the property must provide a copy of the strata plan in the sale contract. If the strata plan is not included in your contract of sale, our Sutherland property lawyers can obtain it on your behalf through NSW Land Registry Services. Before buying a lot, we will ensure that you understand the scheme by-laws.

Off the Plan

A property that has not yet been built but is planned to be constructed is known as an 'off-the-plan' property. When buying an off-the-plan property, you should have a property lawyer review your contracts to explain in plain english the terms and conditions and your obligations and possible risks. For instance, a developer or builder, has the power to alter the design of a structure within certain constraints. These conditions must be acknowledged by the customer and made explicit in the contract. At times, there may be disputes over off-the-plan property purchases as discussed in our article on this topic.

A traffic violation may constitute a criminal offence, which carries penalties like licence suspension and even a criminal record. Our criminal lawyers know that this can seriously impact you, your family and your employment. We consequently take the highest care and diligence in handling every traffic matter, no matter how minor, and we strive to obtain the best outcomes for you.

We regularly appear in the Local Court and defend the charges of:

Drink or Drug Driving

Drink or Drug Driving is both a traffic offence and a criminal offence that carries harsh penalties, including the possibility of gaol and a criminal record. We have helped hundreds of clients throughout the Sutherland shire with Prescribed Concentration of Alcohol (PCA), Driving Under the Influence (DUI) and drug driving offences. BSM’s criminal lawyers can offer legal advice to make sure that you achieve the best possible results. This can include preparing you for court, obtaining character references, obtaining evidence of hardship of licence disqualification, obtaining medical reports, obtaining references from employers or completing traffic offender programs. To get the best result for you, our Sutherland criminal lawyers will meticulously prepare submissions for sentencing and present the strongest possible legal case.

Dangerous or Negligent Driving

Negligent or dangerous driving is driving without the proper care and attention that is reasonably expected of a driver. Doing this can cause serious harm or even death for you, other motorists and the general public. You can receive a hefty fine, lose your licence or go to gaol if you drive at a speed or in a manner dangerous to the public, or cause injury or death due to negligence.

Mobile Phone Use while Driving

The use of mobile phones while driving is subject to strict regulations. Different rules and penalties apply to learners, P's and full licences. There are specific scenarios in which you can use your phone hands-free and while in a phone holder, however, you cannot use a phone for any other function, hold your phone or rest it in your lap. You may receive a fine and demerit points if you are found to be using your mobile phone while driving. Learners or P1 licence holders will lose their licences altogether.

Appeal against Loss of Licence

If you have had your licence suspended by Police or received a letter from Transport for NSW that states you have the right to appeal, our criminal lawyers can help you appeal a licence or registration decision in the Local Court.