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Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14359
Experience:  I did my law degree at the University of Queensland
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We have been involved in a complex property law case since

Resolved Question:

We have been involved in a complex property law case since 2008. The property in question is in the ACT. In hindsight, we should have settled the matter but were so shocked at the things we were being sued for that we chose to engage a law firm to help us sort it out. We realised that we are at fault for some of the claims, mainly due to not fully understanding our legal obligations with regard to the pest inspection and an unapproved structure which managed to be overlooked by both vendor and purchaser's conveyancers. To cut a long story short, we have been strung along for years and over the last 3 have had to borrow money to pay our legal fees...about $60,000. We are trying to now settle the matter as we can no longer afford to pay any more money to mount a defence. We have told our attorneys that we have no more money and they are threatening to drop us and still asking for more money. This has been a pattern for the last 12 months or so. My husband's cancer has returned and we are going to lose everything we have worked so hard for because of this law suit. Who do we turn to for help, now?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane-Lawyer replied 1 year ago.
Who do we turn to for help, now?

In that case your primary option is to declare bankruptcy. Presumably if you can barely put food on the table, then you don't have the money to settle this litigation anymore.

It also means you don't have the money to fund your matter so that it gets to trial where it can be resolved, either favourably or unfavourably. However, if you do have the assets to settle, then your best option is to speak with the other party (not their lawyers) and try to sort out a settlement between yourselves.

But if you don't have the assets to settle or to continue paying for your lawyers, then your best option is to terminate their services so you don't keep bleeding money, and then try to litigate the matter yourself.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question. Your question can continue even after you leave positive feedback, so if you have any follow up questions please don't be afraid to ask.
Customer: replied 1 year ago.
Thanks for the information. I have a couple more questions to clarify. If a summary judgement is made against us in the event that we cannot afford to mount a defence, do the plaintiffs just get granted the full amount with costs? Also if we write to the plaintiffs directly with an offer, how do we ensure that it is legally binding and finalised?
Expert:  Brisbane-Lawyer replied 1 year ago.
do the plaintiffs just get granted the full amount with costs?

That is what usually happens, yes. And you don't want to write. Ideally you want to visit them in person, and if you can all agree on a settlement, then a Deed of Settlement needs to be drafted up by your solicitors.

Should you have any other questions, please let me know.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question. Your question can continue even after you leave positive feedback, so if you have any follow up questions please don't be afraid to ask.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14359
Experience: I did my law degree at the University of Queensland
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