Both civil and commercial disputes can develop into complex litigation over the protection of assets. These can arise from various situations and circumstances, including but not limited to:
- Disputes between debtors and creditors where there is an alleged breach of some agreement or understanding and where title to property forms part of the claim or claims.
- Disputes between business partners who claim ownership of certain property and assets which were acquired or came into existence in the duration of the partnership.
- Disputes between trustees of different trusts which may cover the same field and therefore give rise to a conflict relating to the use of assets (alleged trust properties).
- Disputes between trustees of trusts and their beneficiaries (whether express, resulting or constructive) in relation to the use or abuse of trust property.
- Disputes concerning a trustee who is taking instruction from a third party, and questions as to who is the real trustee over the assets.
- General disputes concerning claims and counter-claims for the title to property and certain assets.
- The protection of assets within the marriage context, before the marriage is entered into and after a marriage has broken down.
As can be seen, the practice areas in which asset protection legal advice or asset protection disputes may arise is broad and varied. Indeed, it may overlap in many cases. For example, there may be a question over the protection of an asset which came into existence in a business partnership, where the partners are married, and where the assets of the business were ordinarily held on trust by one partner, but where that partner was taking close instructions from some third party in relation to the asset’s use, and to make things even more complicated, where that asset was purportedly used as security for a loan to a forth party, and where that agreement was verbal.
There are many legal principles and concepts to be considered in this hypothetical example. Family law, contract law, business law and trust law will all surely need to be investigated by an asset protection solicitor. The asset protection lawyer will need to consider which of these principles may trump (or dominate) the dispute’s resolution. The asset protection legal advice will then need to consider the likely remedies available to a litigating party.
All of these issues would be best considered by a civil litigation solicitor who has had experience in commercial litigation due to the exposure that civil litigation lawyer would have had to the various other legal concepts that may prove essential in any solution. Likewise a commercial litigation solicitor who has considered and dealt with civil litigation matters will also have the broader perspective to assess the case from. The commercial litigation lawyer will be capable of drawing from his diverse experience and perceive the problem at hand with a deeper understanding.
If you require assistance with an asset protection dispute you may wish to contact our firm by telephone on (02) 9233 4048 or email at info@navado.com.au and make an appointment to see one of our solicitors.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:
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