Rowe Bristol Lawyers recommends that clients ensure that lending transactions are recorded by way of sufficiently comprehensive documentation as this will:
- inform the parties of their respective rights and responsibilities;
- may assist in parties avoiding costly enforcement proceedings in the event of a dispute;
- assist in minimising legal costs if enforcement proceedings are necessary; and
- maximise the likelihood of recovery of the amounts sought and legal costs incurred.
We are able to assist clients in the preparation and negotiation of such documents.
That being said, subsequent to the loan arrangement, it is sometimes the case that disputes will arise. This will often involve issues of contractual interpretation. Supported by our experience in preparing and negotiating loan agreements, Rowe Bristol Lawyers is well placed to also assist clients in resolving such disputes. Specifically, we may provide legal advice and services in relation to:
- alternative dispute resolution processes that may minimise the costs of the dispute and/or provide a speedier resolution, such as complaints to the Financial Ombudsman Service;
- litigations in all State and Federal courts;
- negotiation of settlements of proceedings before or after commencement of litigation in any jurisdiction;
- drafting binding deeds of settlement and deeds of confidentiality to ensure that the clients’ rights are protected upon full and final settlement of disputes.
If you require legal advice in relation to a lending related dispute, please contact us to arrange a meeting so that we may consider your specific circumstances.
The above information is provided as general information only and should not be relied upon as legal advice. The accuracy of this information may have changed from the date when it was published.