ADC Legal Litigation Lawyers

ADC Legal Litigation Lawyers ADC Legal are your passionate team of specialists in commercial litigation, debt recovery and insura

ADC Legal- Litigation Lawyers is a legal practice specialising in commercial advice and litigation, debt recovery and insurance claims recovery disputes. We have proven expertise in handling the most complex commercial litigation in Victoria, New South Wales and Queensland and we handle litigation and debt recovery matters for companies and businesses, through our agents, in all states of Australi

a. We practice in commercial litigation, debt recovery disputes and insurance claims disputes. At ADC Legal we listen to you, the client, to understand your objectives when formulating our advice, and to that end we coordinate closely with you to establish your precise objectives in relation to exactly what you want. Advantages of using ADC Legal:

Fixed-Price, fully-inclusive legal costs, offering clients a fixed price costing structure. Online issuing of court documents
Emphasis on quick resolution, rather than lengthy, drawn out legal matters. Visit our website at http://adclegal.com.au/ or call us now at 1300 799 820.

Choosing between the Magistrates’ Court and VCAT depends on the specific circumstances. Claims below $100,000 and less t...
22/07/2023

Choosing between the Magistrates’ Court and VCAT depends on the specific circumstances. Claims below $100,000 and less than six years old can be filed in the Magistrates’ Court. The Magistrates’ Court is recommended for small debt recovery outside the Melbourne metropolitan area or for cases that do not fit into the VCAT categories.

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Negotiation is prioritized at Debt Recoveries Australia to collect the money without resorting to legal action. When the...
15/07/2023

Negotiation is prioritized at Debt Recoveries Australia to collect the money without resorting to legal action. When the debtor responds to the demand letter, efforts should be made to negotiate payment before pursuing legal action. If the debtor pays the owed money, small claims recovery is no longer necessary.

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Many people often inquire about the legal process involved in debt recovery. They want to know how it begins. The proces...
08/07/2023

Many people often inquire about the legal process involved in debt recovery. They want to know how it begins. The process starts with small claims court actions filed against individuals, partnerships, companies, or corporations. These actions are effective in recovering small sums of money owed to individuals or businesses.

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If traditional debt collection methods fail, legal action may be necessary. Debt Recoveries Australia only recommends le...
01/07/2023

If traditional debt collection methods fail, legal action may be necessary. Debt Recoveries Australia only recommends legal action if the amount owed exceeds $5,000.00 and if the debtor or company has assets to satisfy the debt. These two criteria form the foundation of their work. Once they are satisfied that the legal action criteria have been met, they refer the case to their legal team at ADC Legal Litigation Lawyers.

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In New South Wales, the pre-judgment interest rate is awarded by the Court in accordance with sections 100 of the Unifor...
27/05/2023

In New South Wales, the pre-judgment interest rate is awarded by the Court in accordance with sections 100 of the Uniform Civil Procedure Act 2005 (NSW), and the post-judgment interest is awarded by the Court as per section 101 of the Uniform Civil Procedure Act 2005 (NSW). Pursuant to section 100 of the Uniform Civil Procedure Act 2005 (NSW), the Court can include interest in the amount for which judgment is given and can be calculated at any rate the Court thinks fit on the entire or any portion of the money from the time the debt arose. Interest is payable on so much of the amount of a judgment in accordance with section 101 of the Uniform Civil Procedure Rules 2005 (NSW), and it should be calculated at the prescribed rate or as the Court sees fit from the date of judgment or a later date set by the Court.

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In Queensland, interest begins to accumulate when the debt arises. The Registrar applies the interest rate when giving j...
20/05/2023

In Queensland, interest begins to accumulate when the debt arises. The Registrar applies the interest rate when giving judgment as per rule 283 of the Uniform Civil Procedure Rules 1999 (QLD). Rule 283(2)(a) of the Uniform Civil Proceeding Rules 1999 (QLD) states that if interest is claimed, interest should be calculated to the date of judgment at the rate specified in the claim or in a practice direction for the Civil Proceedings Act 2011 (QLD), section 58. Pre-judgment rates were set by individual courts before 1 September 2012, as per section 47 of the Supreme Court Act 1995 (QLD).

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In Victoria, interest on a debt begins to accumulate the day after the Originating Motion is filed. The Supreme Court Ac...
13/05/2023

In Victoria, interest on a debt begins to accumulate the day after the Originating Motion is filed. The Supreme Court Act 1986 (Vic) at sections 58 and 60 provide the statutory power to award interest. Section 58 states that interest should be awarded unless good cause is shown, in accordance with section 2 of the Penalty Interest Rates Act 1983 (Vic). According to Justice Tadgell in the case Dimos v Willetts and Anor [2000] VSCA 154, section 58 allows interest to be awarded in favor of a party who recovers in the proceeding, and the interest award runs from the time when the payment demand was made.

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In Australia, Plaintiffs can be awarded interest to compensate for the time it took Defendants to pay the outstanding am...
06/05/2023

In Australia, Plaintiffs can be awarded interest to compensate for the time it took Defendants to pay the outstanding amount. The interest awarded can be pre-judgment or post-judgment, and each State and Territory has its own legislation and rules for calculating interest. This article will examine the interest rates for Victoria, Queensland, and New South Wales.

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The ability of insurers to file a claim against certain third parties is governed by the ICA. For instance, it is antici...
29/04/2023

The ability of insurers to file a claim against certain third parties is governed by the ICA. For instance, it is anticipated that insurers won’t enforce their right to subrogation if the insured and the third party have a family or other personal relationship or if the insured has given the third party express or implied permission to operate an insured motor vehicle

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The Court considered whether the insurer would be entitled to a right of subrogation to the rights of the Owners Corpora...
22/04/2023

The Court considered whether the insurer would be entitled to a right of subrogation to the rights of the Owners Corporation in The Owners Strata Plan 56587 v. TMG Developments Pty Limited [2007] NSWSC 1364. (being the insured). The Court took into account the Policy between the insured and insurer while determining whether the insurer had a claim to subrogation. According to the Court, the Policy that the insurer and the insured had in place confirmed the insurer’s rights of subrogation, allowing the insurer to file the claim in the name of the Owners Company.

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We’ll look at a situation where an insured driver is involved in a car accident without their fault in order to illustra...
15/04/2023

We’ll look at a situation where an insured driver is involved in a car accident without their fault in order to illustrate how subrogation works. In such a case, the insurance provider will cover the cost of the insured’s car’s repairs. The insurance company will subsequently file a claim in the insured’s name against the responsible party in an effort to recoup its losses. This instance serves as a straightforward illustration of how the ICA permits insurers to pursue losses under their subrogation rights.

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Subrogation is governed by Part 8 of the Insurance Contracts Act 1984 (Cth) (“ICA”) in the context of insurance law. In ...
08/04/2023

Subrogation is governed by Part 8 of the Insurance Contracts Act 1984 (Cth) (“ICA”) in the context of insurance law. In the simplest terms, subrogation in the context of insurance law permits an insurer to take on the obligations and rights of an insured in order to file a claim against a third party who has caused the insured loss.

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Address

Level 1 , 34 Queen Street
Melbourne, VIC
3000

Opening Hours

Monday 8am - 5pm
Tuesday 8am - 5pm
Wednesday 8am - 5pm
Thursday 8am - 5pm
Friday 8am - 5pm
Saturday 8am - 5pm

Telephone

+611300799820

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