The cost of Justice
‘If justice is not accessible to ordinary Australians, the rule of law becomes mythical.’
The Honourable Wayne Martin AC, Chief Justice of Western Australia (2012)
Fees for the Initial Consultation.
Initial Deposit where documents are reviewed and a site visit is made if it’s a workmanship issue: $750
From there it can be an application to the AIB for adjudication, A Small Claims Summons, A District Court Summons and an out of court settlement.
This is sometimes best when there is a clash of personalities (normal) so everything can be between a 3rd party.
You’ll have an expert opinion’s report on how to move forward if things go adrift.
The issuing of a summons?
If you’ve never received one before you will most likely feel threatened. If you have you’ll most likely file it with the others.
For businesses it can mess up a good credit score so it will be taken seriously. It is often used as a threat in order to obtain a long overdue payment.
Most cases are settled out of Court anyway after both sides have clocked up big legal bills.
An application to the AIB to appoint an adjudicator. For the builder who has obligations to the trades and their families this is essential. This may result in the payment being made. (assuming it is payable under the contract)
This will take the panic off the case and often leads to a resolution anyway.
Completing and serving a summons is a straightforward process and always ends with a reduced offer to settle.
It’s just a game some people play.
In case you are wondering?
When you are before the members for the day not knowing what’s going on you are not alone.
This is an extract of an official SAT audio.
If they don’t get it, what chance does a building tradesperson have?
READ ON click here