Dispute Resolution & Litigation

The implications of a legal dispute, whether between individuals, small businesses, or large corporations, can be devastating. Personal legal battles can be emotionally and financially draining, and commercial disputes can damage the profitability and reputation of a business. If you find yourself facing a legal problem, we offer expert advice and representation in and out of the courtroom. We can help with a range of legal disputes including:

Contract and breach of contract disputes
Consumer claims
Property disputes
Commercial and retail leasing disputes
Partnership and shareholder disputes
Debt recovery
Defamation proceedings
Copyright infringement
Building and construction disputes
Estate disputes and family provision claims

What is Dispute Resolution?

The law establishes a set of rules so that people can manage different types of disputes privately. When a party does not voluntarily comply with the rules, or they disagree with their interpretation, then designated courts have the power to make a determination, order a remedy and force compliance. Dispute resolution covers the management of a dispute from the point at which it first arises until it is finally resolved. Litigation is the most formal example of dispute resolution, but there are several alternatives which fall under the umbrella of Alternative Dispute Resolution.

What is Alternative Dispute Resolution?

Alternative Dispute Resolution (ADR) refers to a range of processes that can be used to resolve a legal dispute without resorting to litigation. ADR includes negotiations, informal settlement conferences, conciliation, and mediation.

When direct negotiation does not lead to a resolution, then the involvement of a neutral third party can be of great assistance. For instance, a mediator can look impartially at the situation and help each party see the other’s position. The mediator will not make the decision for the parties but will encourage them to reach a compromise. With goodwill, mediation is often successful in reaching an outcome that is satisfactory to both parties.

Mediation and other ADR processes can save time and money over court processes and may be used to resolve many types of legal disputes. In fact, taking part in an ADR process is often a requirement before taking court action or before a matter reaches a final hearing.

In addition to the cost and time savings, ADR may provide more flexible solutions by allowing the parties an opportunity to explore outcomes that may not be available through formal court processes. There is typically a lower evidentiary threshold than in court proceedings which can also reduce costs and time. If an agreement is reached using an ADR process, it can be formalised in legally binding terms of settlement.

What is Litigation?

Despite best attempts to resolve a dispute through ADR, it is sometimes necessary, and warranted to commence court proceedings or to defend a litigated matter. In such cases, the facts must be carefully analysed, and a reasonable assessment made of possible outcomes, so a potential litigant can make an informed decision and, if relevant, prepare for Court.

When commencing proceedings, the cause of action must be properly identified in the summons or application. The parties must comply with strict timetables and formalities for the filing and presentation of evidence, the strength of which will be tested during the hearing.

Court proceedings require thorough preparation and strong advocacy. Our litigation team will work closely with you so that you are aware of your options and properly prepared for your case.

Managing your Legal Dispute

Clients involved in a legal dispute require a strategic yet practical approach to resolve their matter as quickly as possible. The complexity of a legal dispute can vary and often involves more than one area of law. Effective dispute resolution requires a skilled negotiator with a working knowledge across various areas of law to:

Obtain the relevant facts and identify the applicable laws
Narrow down the legal issues in dispute
Assess the parties’ respective legal positions
Assess the strengths and weaknesses of each side
Propose solutions that will deliver the best outcome for the client in all the circumstances

No matter who or what your legal dispute involves, getting early legal advice can be key to achieving a fast, effective solution.

If you need assistance, contact one of our solicitors at [email protected] or call 02 6885 0025 for expert legal advice.

Megan Cassidy

Receptionist

Megan is our Receptionist and is one of the first point of contact in the firm. She is the bubbly person answering the phone and the friendly face that will welcome you when you walk in the door at Warwick McCarthy & Co. Megan will pass on all enquiries discreetly and understands the importance of client confidentiality. Megan is also an appointed Justice of the Peace in the State of New South Wales.

E: [email protected]

Taasha Delaney

Conveyancing Assistant

Taasha is our Conveyancing Assistant. Taasha commenced working with us in February 2021 as Receptionist and soon after transferred into the role of Conveyancing Assistant. Since then, Taasha has assisted both Warwick and Makita in the handling of many clients throughout their journey whether it be buying or selling residential, rural or commercial properties. Taasha is an enthusiastic member of the conveyancing team ensuring that she remains up to date with the changes in the e-conveyancing industry as well as conducting herself in a professional manner when dealing with clients, banks, and other firms within the industry. Taasha is proficient in the use of Pexa for electronic conveyancing. Taasha is also an appointed Justice of the Peace in the State of New South Wales. E: [email protected]

Chriss Cronin

Legal Assistant

Chriss is an assistant to Warwick McCarthy with respect to Wills, Power of Attorneys, Enduring Guardians and Probate matters. Chriss is a Dubbo local that joined our team in late 2023. Chriss is new to the legal sector, however, has a wealth of knowledge across other customer service, administration, and management roles that she has brought with her to the team. Chriss has experience dealing with client enquiries and is always happy to assist by dealing with matters and enquiries efficiently and discreetly. Chriss is also an appointed Justice of the Peace in the State of New South Wales. E: [email protected]

Makita Martin

Licensed Conveyancer

Makita is our Licensed Conveyancer, having studied at Macquarie University and has been working in the Conveyancing industry for almost 20 years in both the Riverina and Central West of New South Wales. Makita was born and raised in Griffith, NSW and moved to Dubbo in 2009 with her husband Matt. They have 3 children and are all well settled into life in Dubbo. Outside of work Makita enjoys camping, playing soccer, participating and volunteering at the local Parkrun and being involved in the kids sports. Bringing with her a wealth of practical experience, up-to-date training and enthusiasm, Makita is ready to assist in the handling of your residential, rural and commercial conveyancing matters. Makita is a certified PEXA member frequently undertaking electronic conveyances. Makita is also an appointed Justice of the Peace in the State of New South Wales. E: [email protected]

Kiana Kennedy

Legal Assistant

Kiana is an assistant to Warwick McCarthy with respect to Family Law, Property Settlement, and Criminal matters.

Kiana joined our team in late 2023.

Kiana is very welcoming and will ensure she offers a genuine understanding to assist client’s needs.

Prior to joining the team here at Warwick McCarthy & Co. Solicitors, Kiana worked in Domestic Violence where she was able to learn essential skills and develop an empathetic nature. Although she is new to the legal sector, she is experienced in ensuring that clients have a safe space to talk and raise their concerns whilst feeling understood.

Kiana is also an appointed Justice of the Peace in the State of New South Wales.

E: [email protected]

Matthew Quill

Solicitor

Matt has worked for Legal Aid NSW (here in Dubbo), in private practice and for the ODPP. He brings to his practice a balance of empathy and expediency in getting to the issue and presenting a solution. He has a solid knowledge of criminal law and takes pride in the ability to explain legal concepts and issues effectively to his clients. Matt has appeared in Children’s Court and Local Court defended hearings, bail applications and sentencing hearings. He has successfully run plea traversal hearings and Section 32 applications. He has instructed Counsel in District Court trials and successfully appealed Local Court sentences in the District Court. Matt was born in Canowindra but lived in Sydney and overseas for most of his adult life. He is now settling back in the Central West with his young family. E: [email protected]

Warwick McCarthy

Principal Solicitor

Warwick has been practising law in Dubbo and across the Central West of New South Wales for over 25 years. Warwick was raised in Sydney, studying at the University of NSW where he completed a combined Arts/Law Degree with Honours in Philosophy. After graduating, Warwick commenced in general practice with another respected local firm in Dubbo. Over the years he has worked in most fields of law (including crime, family, succession and property law), especially in advocacy (court appearances). Warwick has appeared in a vast number of court cases, ranging from traffic matters in the Local Court, to instructing Barristers in the District, Supreme, Family and Federal Circuit Courts. Warwick’s family (his wife and five children) are well settled in the local community and he has developed strong ties to people on the land and the townspeople who depend on them. Warwick now works principally in family law and succession. He maintains strong links with his professional peers, and is active in the local community. Warwick strives to provide the best representation and the best outcomes for our clients. E: [email protected]