Diamond Conway boasts a leading dispute resolution team. Our lawyers have been involved in a number of landmark cases, where we have the expertise and resources to successfully resolve many large and complex civil disputes. Despite this growing prominence in the legal arena, this recognition has not affected our commitment to providing personal and friendly service, stemming from being a “boutique” law firm.
At the core of our dispute resolution team is a commitment to resolving disputes in a cost effective and timely manner to minimize any disruption to our client as reasonably possible, including through negotiation, mediation and arbitration. Where litigation is necessary, we will vigorously promote or defend our client’s interests through sophisticated and strategic legal action.
The considerable experience and exceptional negotiation skills of Diamond Conway’s team of litigation and dispute resolution specialists have allowed many of our clients to conclude their dispute with a desirable settlement.
Call Diamond Conway on 02 9222 8000 to find out how we can help you to resolve any issues efficiently and effectively.
Our team at Diamond Conway is a strong advocate for Mediation and Alternate Dispute Resolution processes as a cost-effective and timely alternative to court proceedings. Alternate Dispute Resolution usually involves recruiting a qualified mediator to assist and encourage the disputing parties to come to an agreement.
Often as a means of last resort, our dispute resolution team will initiate court proceedings to aggressively promote our client’s interests. We are committed to working closely with our clients so that they are fully informed about all developments in the case, costs, and the advice as to prospects and any changes as the case unfolds.
Our team has a vast array of experience in commercial litigation disputes including disputes relating to partnerships, shareholdings, trusts, contracts, construction, and competition and consumer law amongst others. Our lawyers are dedicated to remaining up to date on developments in commercial litigation where we possess innovative and contemporary knowledge and skills in resolving simple to complex disputes.
We can assist you when there is a dispute in relation to the application for probate or letters of administration including disputes about:
- Who should have the authority to administer the estate;
- Whether any document or recording constitutes a will; and
- Which of a number of documents or recordings constitutes the deceased’s last will.
If a person is a minor or lacks capacity to make a will and the distribution of their estate pursuant to their last valid will or pursuant to the laws of intestacy (where there is no valid will) would not reflect what is likely to be their wishes, then an application can be made to the Supreme Court of New South Wales to make a Will, or a new Will, for them. We can assist you with such an application. In fact, Diamond Conway ran the first successful application for a will to be made for a person who lacked capacity to make a new will.
Certain people are eligible to make a claim to the Court for provision from an estate, if:
- the deceased has made inadequate provision for them or no provision for them at all; and
- the claim is brought within the relevant time limit or is otherwise permitted by the Court.
We can assist you with all aspects of making or defending such a claim, including assisting you to negotiate an agreement to end the dispute, where possible, at mediation.
We can also assist you with all other types of estate litigation including making or defending claims:
- That the deceased:
- Did not know or approve of the contents of the Will;
- Did not have the requisite mental capacity to make a Will; or
- Was subject to fraud or undue influence when making the Will;
- That an executor, administrator or trustee has breached their fiduciary duties to a beneficiary of an estate;
- Relating to the construction/interpretation and rectification of a Will; and
- For commission for the work involved in administering the estate.
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