Litigation / Disputes Case Studies

Experience. Creativity. Results.

– Case Description

Trust Dispute: $40Million settlement achieved in share holders and trustees’ dispute.

Our client was the appointor of a trust as well as a member of a Self Managed Super Fund (SMSF). Our client’s father was the trustee of the trust and a member of the SMSF. Our client’s father stopped distributing income to our client from the trust and the SMSF and made a Will in favour our client’s brother.

lawyers parramatta

Process

W

Effective Communication with all parties

W

Proactive and strategic mediation plan

W

Expert Legal Documentation to clearly state our clients case

W

Precise and strategic negotiation

Final Result

After committed negotiation, Optimum Lawyers successfully settled the case for our client out of court, avoiding costly court costs.

We successfully managed to negotiate a settlement in favour of our client by making our client’s father change his Will in favour of our client and started to distribute income from the trust to our client. This outstanding outcome was achieved by using our skills and experience to reach a satisfactory outcome to our client in a very cost effective way.

Legal Costs Saved

Increased Settlement by

– Case Description

Property Contract Dispute: Successfully gained 10% refund of property purchase deposit.

Our client purchased an off the plan unit. Once the plan was registered and the building was completed our client discovered that the vendor has built an air ventilation unit in the balcony. Our client’s did not want to purchase the property with the ventilation unit in the balcony. Our client’s original solicitor who acted for him in the conveyance was not able to terminate the contract with the vendor’s solicitor as the vendor insisted that our must purchase the property and believed that the air ventilation unit is not a major variation to the contract.

litigation parramatta

Process

W

Research Specific Case Law

W

Clearly Document Specific Infringements Based on Legal Research

W

Skilled mediation strategies

W

Expert Contract Analysis to Find Weaknesses

Final Result

After committed negotiation, Optimum Lawyers successfully settled the case for our client out of court, avoiding costly court costs.

We successfully managed to negotiate a settlement in favour of our client by terminating the contract with the vendor which allowed our client to obtain a full refund of his 10% deposit and to cancel the contract with the vendor. Our client expected to purchase the property with the vendor as the vendor was insisting that the ventilation unit should not be used as an excuse to the cancel the contract but with our committed, experienced team, we not only obtained a refund of the full 10% deposit for our client, but also successfully avoided court to drastically reduce our clients costs. This outstanding outcome was achieved by using our skills and experience to reach a satisfactory outcome to our client in a very cost effective way.

Legal Fees Saved

Deposit Returned

– Case Description

Lender Dispute: Successfully removed caveat and reduced debt by $150,000.

Our client borrowed funds from a private lender for a short term with a very high interest rate. Our client was deceived by her accountant and was promised that the borrowed funds will be invested by the client’s accountant to generate a very high income. Our client’s accountant took all the borrowed funds and alleged that he lost all the money that he invested for our client. Our client defaulted under the loan agreed and was not able to make the monthly repayment.

The private lender exercised its rights under the mortgage and sold our client’s property at an Auction. The sale proceeds did not cover the loan amount and this resulted in our client’s being sued for the balance of the loan funds. The private lender also registered a caveat against our client’s second property. Our client lost his main place of residence which was free of debt and did not have any mortgages.

Our clients’ original solicitor who acted for our client did not negotiate a fair settlement for our client and this resulted that our client lost her main place of residence plus ended up with a very high debt.

lawyers parramatta

Process

W

Effective Communication with all parties

W

Proactive and strategic mediation plan

W

Expert Legal Documentation to clearly state our clients case

W

Precise and strategic negotiation

Final Result

After committed negotiation, Optimum Lawyers successfully settled the case for our client out of court, avoiding costly court costs.

We successfully managed to negotiate a settlement in favour of our client by removing the caveat over our client’s second property by issuing a lapsing notice and disputing the validity of the loan agreement which was unjust and unfair. The loan agreement had very excessive fees and charges. Our client expected to pay the full loan debt owing to the private lender as the lender was insisting that the loan agreement was valid and fair, but with our committed and experienced team, we not only obtained a reduced the debt from $200,000 to $50,000 in favour of our client, but also successfully avoided court to drastically reduce our clients costs.

This outstanding outcome was achieved by using our skills and experience to reach a satisfactory outcome to our client in a very cost effective way.

Reduced Debt by ($)

Legal Costs Saved

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