Being served with a court or tribunal document can be a stressful and overwhelming experience, whether you’re an individual or a business. Failing to act promptly can lead to serious legal and financial consequences. If you’ve been served, it’s crucial to understand what steps to take next to protect your rights and interests.
Step 1: Read the Document Carefully
The first step is to carefully read the document to understand the nature of the claim against you. Pay close attention to:
- The type of court or tribunal document you have received.
- The deadlines for responding.
- The court or tribunal handling the matter.
- Any specific allegations or claims being made against you or your business.
Ignoring a court or tribunal document will not make the matter go away—it can lead to default judgments or orders being made against you without your input.
Step 2: Do Not Ignore the Deadline
Every court or tribunal document will have a deadline by which you must respond. Failing to take action within the specified timeframe can result in serious consequences, such as:
- A default judgment or tribunal order being entered against you.
- Enforcement actions, including garnishment of your wages or seizure of your assets.
- Increased legal costs and limited options to challenge the claim later.
For example, in Western Australia:
- Civil disputes generally require a response within 14 or 21 days, depending on the court or tribunal.
- In estate litigation, strict time limits apply to contesting a Will or making a claim under the Family Provision Act 1972 (WA).
- Tribunal matters have specific timeframes for responding to an application or lodging a counterclaim.
Step 3: Seek Legal Advice Immediately
The biggest mistake people make when served with a court or tribunal document is waiting until the last minute to seek legal advice. Acting quickly allows you to:
- Understand your legal position and available defences.
- Explore settlement options before proceedings escalate.
- Ensure all responses and legal documents are properly drafted and filed within deadlines.
Whether you are an individual contesting an estate matter or a business involved in a commercial dispute, obtaining legal advice early can save you significant time and money in the long run.
Step 4: Gather and Organise Relevant Documents
To assist your lawyer in assessing your case, gather all relevant documents, including:
- Copies of the court or tribunal documents you received.
- Any contracts, agreements, or correspondence related to the dispute.
- Evidence supporting your position (e.g., emails, financial records, witness statements).
Having these documents ready will allow your lawyer to evaluate your case efficiently and formulate a strong legal strategy.
Step 5: Understand Your Options
Depending on the nature of the claim, your options may include:
- Filing a Defence or Response – If you dispute the claim, you may need to file a formal defence or response outlining your legal arguments.
- Negotiating a Settlement – In many cases, disputes can be resolved outside of court or tribunal proceedings through negotiation or mediation.
- Applying for Dismissal – If the claim has no legal merit, your lawyer may advise seeking to have it struck out.
- Making a Counterclaim – If you have a valid claim against the other party, you may be able to file a counterclaim.
The Risks of Taking No Action
If you fail to take action after being served with a court or tribunal document, the consequences can be severe:
- The other party may obtain a default judgment or tribunal order against you, meaning the decision will be made in their favour without hearing your side.
- You may lose the opportunity to dispute the claim or negotiate a favourable settlement.
- In commercial disputes, your business assets or accounts may be at risk of enforcement action.
- In estate litigation, failing to contest a Will within the required timeframe may prevent you from making a claim altogether.
Take Control of the Situation – Get Legal Advice Today
If you have been served with a court or tribunal document, time is of the essence. At Couldwell Legal we provide clear, strategic advice to help individuals and businesses navigate commercial and estate litigation. Whether you need to file a defence, negotiate a settlement, or explore alternative dispute resolution options, we are here to guide you every step of the way.
Don’t wait until it’s too late book a consultation today to discuss your options and protect your rights.
Disclaimer
The content of this website is provided for your assistance and is of a general information nature only. You must not rely on any information or material contained on this website as legal advice or as a substitute for legal advice.
Whilst we will make every effort to keep the content of this website up-to-date, there may be delays, errors, or omissions as a result of amendments to legislation and modifications to case law. We make no warranty or representation that the information and other material will be at all times up-to-date. No responsibility is accepted for any action taken without advice, by readers of the material contained on this website.